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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 13, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Check Presentation by Consumers Energy Development Services
B. Food Assistance Report Community and Neighborhood Services
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Taste of Muskegon Special Liquor License City Clerk
C. Resolution to Place Charter Amendment on the November 2, 2021 Ballot
City Clerk
D. Olympia Ice Resurfacer Mercy Health Arena
E. Issue Media Group City Manager
F. CDBG/HOME Annual Action Plan Budget Community and
Neighborhood Services
G. Liquid Sodium Hypochlorite Public Works – Filtration
H. Fire Station Upgrades (Central) Public Safety
I. Peck Street Change Order #003 & #004 Public Works
J. Concession Agreement – Grand Traverse Pie Company Public Works
K. Special Event Fee Waiver – Muskegon Polish Festival Public Works
Page 1 of 2
L. MJ Verdant Consumption Event City Clerk
M. Community Relations Committee Recommendations City Clerk
□ PUBLIC HEARINGS:
A. Establishment of Commercial Redevelopment District – 623/639 W Clay
Avenue Planning
□ UNFINISHED BUSINESS:
A. Rezoning of 1747 7th Street – 2nd Reading Planning
□ NEW BUSINESS:
A. Phase 4 LED Upgrade Public Works
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
2021 Clean Energy Plan
Leading Michigan’s
Clean Energy Transformation
Landmark plan ends coal use to protect
planet, provides reliable electric supply
In June 2021, Consumers Energy announced a sweeping
proposal to end coal use by 2025 — 15 years faster than
currently planned. The plan helps us protect the environment
for future generations and positions Consumers Energy as a
national leader in the clean energy transformation.
The 20-year blueprint ensures we will:
Our customers can
• Be among the first utilities in the nation
to go coal-free by 2025. play a key role to
• Use 90 percent clean energy resources. help us operate
• Utilize nearly 8,000 megawatts of solar energy smarter, cleaner and
to power Michigan’s homes and businesses. more efficiently.
• Stay on the path to achieve net zero carbon emissions. Learn more about our Clean
• Create price stability and save customers Energy programs by visiting:
about $650 million through 2040.
ConsumersEnergy.com/change
The proposal — an update of our Clean Energy Plan requiring
regulatory approval — focuses heavily on increasing renewable
energy and energy efficiency to meet Michigan’s energy needs. CONTINUED ON BACK PAGE
Plan Electric Capacity by Fuel Source MW
Highlights 11%
12%
35% 47% 49% 63%
11%
Eliminate coal 15%
10% 15%
All coal plants would be retired 31% 15%
by 2025. Ending the use of coal 10%
10%
will improve air quality, cut 15%
19%
greenhouse gas emissions and 12%
save water. 8%
8% 40% 28% 26% 10%
2020 2025 2030 2035 2040
More renewables Renewable Energy* Customer Efficiency Programs
By 2040, more than 60 percent Energy Storage Natural Gas
of our electric capacity will come Coal Nuclear Karn oil/natural gas
from renewable sources. We’ve
already begun tapping more solar *Does not include renewable energy credits.
power and plan to add nearly
8,000 megawatts by 2040.
Net zero emissions
Clean Energy
Our plan would achieve
60 percent emissions reductions
Transformation
by 2025 — faster than President
Biden’s goal — and keep us
The Clean Energy Plan is a sea change that will
on course to achieve net zero transform our operations and create a brighter
emissions by 2040. energy future for Michigan.
Accelerating the end of coal use to 2025,
A smarter grid dramatically boosting the contribution of solar
energy and using natural gas will help us meet
Energy efficiency, demand
response and emerging
the state’s energy needs reliably while protecting
technologies such as grid the environment for generations to come.
modernization and battery
storage will help us lower peak
customer demand for electricity
and deliver exactly what
Affordability
Michigan needs.
More control •O
ur plan creates price stability and, by using natural gas
and savings as a fuel source to generate baseload power, will save
for customers customers about $650 million through 2040 compared
to our current plan.
We’ll provide customers with the
power to reduce energy waste •T
he increased use of demand management tools such
and lower bills through energy as energy waste reduction programs will give customers
efficiency and demand response more control over their monthly energy bills, equipping
programs. them to save energy and money over the long term.
Flexible strategy
Our plan is designed to respond
to emerging needs, adapt to
changing conditions and embrace
emerging innovative technologies
as we work to achieve net zero
carbon emissions.
Learn more at ConsumersEnergy.com/change
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: Food Assistance Report
Submitted By: Oneata Bailey Department: CNS
Brief Summary: The Community and Neighborhood Services Department has partnered with
AgeWell Services of West Michigan including the YMCA to Feed those in need. Food Assistance
giveaways were introduced to respond to COVID -19 pandemic situations supported with
additional funds from HUD called CDBG-CV. AgeWell Services organized 3 separate events
within the city of Muskegon.
Detailed Summary:
Three (3) sites were chosen to assist citizens with Food Giveaways. The 1st was at Marsh Field;
the 2nd was dedicated to the Muskegon Housing Commission tenants, and the 3rd site was
completed at the Baker College parking lot across from the City’s Farmer’s Market.
Attached are the data reports from AgeWell Services. Great success and the turnout was
outstanding.
Amount Requested: Amount Budgeted: $50,000
Fund(s) or Account(s): Fund(s) or Account(s):CDBG- CV
Recommended Motion: Accept the report as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 22, 2021 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the June 22, 2021 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 22, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor, and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, June 22, 2021.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI), Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Muskegon, MI), Willie German, Jr. (Muskegon, MI), and Teresa Emory
(Muskegon, MI) City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
Absent: Commissioner Michael Ramsey
HONORS/AWARDS/PRESENTATIONS: Mayor Gawron announced that Muskegon
Lakeshore Trail - the 12-mile bike and pedestrian pathway from the Muskegon
River to Pere Marquette Beach – is fully reopening since high-water damage
closed a portion of it early 2020. The trail between Hartshorn Marina and
Lakeside received extensive damage from high water and battering storms.
PUBLIC COMMENT ON AN AGENDA ITEM: No public comments were received.
2021-59 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the June 7, 2021 Worksession
and the June 8, 2021 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Irish Flag at Hackley Park City Clerk
SUMMARY OF REQUEST: Michigan Irish is seeking permission to fly the Irish Flag
under the U.S. Flag on September 18, 2021 at Hackley Park when they hold their
event, “Hackley Hooley”.
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STAFF RECOMMENDATION: To approve the request to fly the Irish Flag at
Hackley Park on September 18, 2021.
C. Community Relations Committee Recommendations City Clerk
SUMMARY OF REQUEST: To accept the resignation of Karen Panozzo from the
Historic District Commission, term expiring 1/31/2022.
STAFF RECOMMENDATION: To concur with the recommendation of the
Community Relations Committee and accept the resignation of Karen Panozzo
from the Historic District Commission.
D. Sale – 243 Monroe Avenue Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell the City-owned
home at 243 Monroe Avenue to Phillip McPherson & Richard Vanderputte-
McPherson. The city constructed this house as part of the phase two of our infill
housing program. Staff is recommending that the purchase agreement be
approved and 243 Monroe Avenue be sold to Phillip McPherson & Richard
Vanderputte-McPherson at a cost of $182,900.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 243 Monroe Avenue as described in the purchase agreement and to
have the Mayor and Clerk sign the deed.
E. MDOT Agreement for Musketawa Trail Connector Public Works
SUMMARY OF REQUEST: Staff is requesting approval of the contract with MDOT
for the construction of the Musketawa Trail Connector and approval of the
resolution authorizing the Mayor and Clerk to sign the contract. This is the
standard contract governing projects that are constructed using federal funds
through MDOT. The estimated cost for the project construction is $518,602.35
with $181,024.00 of that being federal surface transportation funding,
$315,000.00 being MDNR Recreational Trails Funding and the remainder being
funded through the City’s Major Street Budget in the 21/22 Budget year. Work on
this trail is expected to commence in August and take approximately 8 weeks to
complete.
STAFF RECOMMENDATION: Approve the contract and resolution and
authorize the mayor and clerk to sign both.
G. Traffic Control Order – Isabella & Oak Grove Traffic/Engineering
SUMMARY OF REQUEST: Approval of Traffic Control Order #69-(2021) for the
installation of “Yield Signs” on the Northwest and Southeast corners of Isabella
Avenue at Oak Grove Street.
STAFF RECOMMENDATION: Approve the installation of “Yield Signs” at the
Northwest and Southeast corners of Isabella Avenue at Oak Grove Street, per
the submitted Traffic Control Order #69-(2021).
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H. Traffic Control Order – 2-Hour Parking Traffic/Engineering
SUMMARY OF REQUEST: Rescind Traffic Control Order #15-(2014) which
established the boundaries of the downtown area that can be designated for 2-
Hour Parking. To approve the submitted Traffic Control Order, #70-(2021) which
establishes new boundaries for the downtown area that can be designated for
2-Hour Parking. The revision moves the NE boundary from Terrace Street to Pine
Street allowing for 2-Hour Parking to be installed along Pine Street in the business
areas.
STAFF RECOMMENDATION: To rescind Traffic Control Order #15-(2014) and
approve Traffic Control Order #70-(2021).
I. Michigan & Franklin Change Order #002 Public Works
SUMMARY OF REQUEST: Staff is seeking approval of Change Order #002 to the
Michigan & Franklin Construction Project (202-92003) with Wadel Stabilization.
The majority of work on this change order is a staff recommendation to replace
the southern curb and gutter and mill and resurface Webster Avenue between
8th and 9th Streets. This area of Webster was an excellent condition roadway
that required multiple pavement patches be installed to accommodate the
new housing development on this block. Ordinarily the work for a water/sewer
service would only be replaced with a square patch, however given the
excellent condition of Webster Avenue prior to this work and the extent of the
patching necessary staff desires to mill and resurface the entire block as well as
replace the curb line to preserve the excellent condition of this roadway.
Wadel Stabilization through their existing contract for work on Michigan and
Franklin has the equipment and the subcontractors necessary to complete this
work in the most economical and expedient fashion and as such staff
approached them to provide pricing for this work under the change order
provisions of the purchasing policy.
Webster Avenue is also classified as a major street meaning that the funds
drawn for this work would come from the same account as the funds drawn for
Michigan/Franklin.
This change order exceeds the limits for approval at the staff level and requires
commission consideration. In addition, the Michigan and Franklin project will
require one additional change order in the near future to final balance all
quantities and items of work completed on the project which will also be
brought before the Commission.
Change Order #001 for this project was approved at the staff level for
approximately $13K to replace several water valves that were found to be
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broken and non-functioning during the course of the project and required
replacement.
As this work was not originally included in the original project budget for
Michigan and Franklin (92003) a future reforecast of that project will be needed
to accommodate this change order.
AMOUNT REQUESTED: $35,005.00 AMOUNT BUDGETED: $0
(20/22 1ST Quarter Reforecast)
FUND OR ACCOUNT: 202-92003
STAFF RECOMMENDATION: Authorize staff to approve Change Order #002
with Wadel Stabilization on Project 92003 in the amount of $35,005.00.
J. Peck Street Change Order #002 Public Works
SUMMARY OF REQUEST: Staff is seeking approval of Change Order #002 to the
Peck Street Construction Project (590/591-92010 with Kamminga & Roodvoets.
Multiple telephone conduits owned by Frontier Communications have been
encountered to date on the Peck Street project that required additional work to
accommodate and continue construction. In many instances the conduit banks
were in locations different than indicated by Frontier Communications during
design, and there was a previously unknown conduit duct that was discovered
during construction which required substantial work to partially remove and
preserve the live telephone cables. Staff plans to pursue reimbursement for a
portion of the costs from Frontier Communications.
Change Order #001 included several small items and was approved at the staff
level.
AMOUNT REQUESTED: $58,475.07 AMOUNT BUDGETED: $251,161.23
(Remaining Contingency)
FUND OR ACCOUNT: 202/590/591-92010
STAFF RECOMMENDATION: Authorize staff to approve Change Order #002 to
Project 92010 in the amount of $58,475.07 for the additional work required to
accommodate the Frontier Communications telephone ducts located within
the roadway.
K. Equipment Purchase – Hoist DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) set of Rotary Post Hoists from American Hoist and Lube, the
lowest qualified bidder. The hoist is used for lifting our heavy trucks for service.
AMOUNT REQUESTED: $39,265.59 AMOUNT BUDGETED: $39,265.59
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FUND OR ACCOUNT: Equipment Fund – 661-60932-5720
STAFF RECOMMENDATION: Authorize staff to move forward with the
purchase.
L. Fire Barn Museum Exhibit Public Safety
SUMMARY OF REQUEST: Renewal of yearly long-term load for the Fire Barn
Museum Exhibit holding the 1923 LaFrance Fire Engine and attached
equipment. Renewal due June 30, 2021, expiring on June 30, 2022. Lakeshore
Museum Center agrees to provide insurance coverage.
STAFF RECOMMENDATION: Approval of renewing the load of the 1923
LaFrance Fire Engine and attached equipment for the upcoming year, expiring
June 30, 2022 with the Lakeshore Museum Center agreeing to provide insurance
coverage.
M. Request for Approvals – AgeWell Services CNS
SUMMARY OF REQUEST: This request/proposal is from AgeWell Services of West
Michigan (AgeWell Services) to offer Food Assistance for our citizens in need of
resources as a response to the Covid-19 Pandemic. Families in need who are
low-income households who have a potential shortage this summer. This would
provide $50,000 financial assistance to AgeWell Services for three points of
activities to share food resources.
AMOUNT REQUESTED: $50,000 AMOUNT BUDGETED: $50,000
FUND OR ACCOUNT: CDBG-CV 2020
STAFF RECOMMENDATION: To approve the agreement with AgeWell
Services.
N. Assessing Contract – Muskegon County City Manager
SUMMARY OF REQUEST: Requesting approval of the Assessing Services Contract
with Muskegon County. Muskegon County has been providing assessing services
to the city for a number of years. The current contract expired last month. The
new contract does carry a cost increase, but the costs are in line with what
other communities are spending on this service. The budget approved earlier
this month estimated the cost for this service at $353,308. The new cost of
$413,348 represents a $60,040 increase (17%).
AMOUNT REQUESTED: $413,348 AMOUNT BUDGETED: $353,308
STAFF RECOMMENDATION: Amend FY 2021-22 GL Number 101-30209-5300 to
$413,348 to cover the updated assessing costs, and approve the Assessing
Services Agreement with Muskegon County and authorize the Mayor and City
Clerk to sign.
O. 4th Quarter Budget Reforecast Finance
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SUMMARY OF REQUEST: At this time staff is asking for approval of the 4th Quarter
Budget Reforecast for the FY 2020-21 budget year. Staff has prepared the 4th
Quarter Budget Reforecast. A memo outlining some of the highlights is
attached.
STAFF RECOMMENDATION: To approve the 4th Quarter FY2020-21 Budget
Reforecast as presented.
construction of the Musketawa Trail Connector.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the consent agenda as presented, minus item F and P.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
2021-60 REMOVED FROM CONSENT AGENDA:
F. City of Muskegon/Muskegon Public Schools Cost Sharing Agreement
Public Works
SUMMARY OF REQUEST: Staff is requesting approval of a cost sharing
agreement with Muskegon Public Schools related to completion of several utility
relocations required to facilitate construction of the MPS High School and MPS
Middle School capital projects.
Staff has worked with Muskegon Public Schools to identify several city-owned
utility lines that required relocation to allow for capital projects to take place at
the Muskegon High School Campus as well as the proposed Muskegon Middle
School Campus.
At the High School campus there are existing active sanitary sewer line and an
existing active storm sewer line located in the vacated Jefferson Street ROW
north of Southern Avenue that require removal and rerouting to allow for work at
the high school site.
At the proposed Middle School campus there is an existing active storm sewer
line located in the vacated Clinton Avenue ROW south of Dale Avenue that
requires rerouting to allow for planned work at the middle school site.
Staff worked with MPS and our Engineers (Prein & Newhof) to develop a solution
that could be constructed in conjunction work on Peck Street to eliminate the
utility conflicts and allow for the MPS projects to continue without interruption.
The total cost for this work is estimated at $571,627.01 ($505,127.01 Construction
Contract + $66,500 Engineering). Of that total Muskegon Public Schools is
responsible for $468,980.36 and the City of Muskegon would be responsible for
$102,646.65 due to staff recommending an alternative routing at the High
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School site that better fits in with the long-term management of the utility system.
MPS has also reviewed this document and is agreeable to the terms.
A change order to incorporate this work into the Peck Street project will be
prepared at a later date and brought for consideration by this board as it
relates to adding this work into the ongoing project via a change order.
FUND OR ACCOUNT: 590/591-92010
STAFF RECOMMENDATION: Approve the attached letter of understanding
and exhibits outlining the cost sharing agreement and authorize the Mayor and
Clerk to sign.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the letter of understanding and exhibits outlining the cost sharing
agreement and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
Emory
Nays: None
MOTION PASSES
P. 1747 7th Street Rezoning Planning
SUMMARY OF REQUEST: Request to rezone property at 1747 7th Street from I-2,
General Industrial to B-4, General Business, by Muskegon Rescue Mission.
STAFF RECOMMENDATION: To approve the request to rezone the property at
1747 7th Street.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to rezone the property at 1747 7th Street.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Emory, and
Johnson
Nays: None
MOTION PASSES
SECOND READING REQUIRED
2021-61 PUBLIC HEARINGS:
A. Drinking Water Project Plan Public Works
SUMMARY OF REQUEST: To host a public hearing relative to the updated City of
Muskegon Project Plan for Drinking Water upgrades. The plan highlights the next
few years of improvement projects.
Staff contracted with Prien & Newhof to complete a required update to our
previous project plan which is required to maintain eligibility for Drinking Water
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Revolving Fund (SRF) financing and grants. These programs are used to finance
a relatively large portion of our water and sewer work in recent years including
projects on Peck Street and Amity Avenue that are currently underway.
This plan represents an update to the previously published 2019 plan which
includes a continuation of many of the projects identified in that plan, as well as
a shift in future focus to include substantial investments towards lead service line
replacements within the City.
The project plan is currently available on the City website for review. Prein &
Newhof will offer a short presentation of the project plan and public comment
on the plan is encouraged.
STAFF RECOMMENDATION: Close the public hearing, approve the drinking
water system project plan, and authorize the Mayor and Clerk to sign a
resolution in support of the plan.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
close the public hearing, approve the drinking water system project plan, and
authorize the Mayor and clerk to sign a resolution in support of the plan.
ROLL VOTE: Ayes: Hood, German, Rinsema-Sybenga, Emory, Johnson, and
Gawron
Nays: None
MOTION PASSES
B. Harbor 31 Viridian Shores Housing Development Neighborhood Enterprise
Zone Hearing on Resolution Economic Development
SUMMARY OF REQUEST: The development team at Harbor 31 has requested
that the City of Muskegon create a Neighborhood Enterprise Zone around
certain parcels at the Harbor 31 development site intended for owner-occupied
housing units.
The developers have planned a multi-phase, multi-use buildout for the Harbor 31
site which includes single family detached residential as well as owner-occupied
townhomes. In order to make these homes marketable due to the large amount
of environmental mitigation required, the developer has requested that an NEZ
district be created so that future buyers can request Neighborhood Enterprise
Zone certificates for their respective home builds. The process laid out in the
resolution will comply with Public Act 147 of 1992 (NEZ Act) so that the City
properly notices taxing jurisdictions and holds the required public hearing in the
time frames as stipulated. The hearing has been properly noticed and taxing
jurisdictions duly informed. The hearing tonight and subsequent resolution, if
passed, will create a district wherein owners of lots may request NEZ certificates
as incentive for new residential construction.
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STAFF RECOMMENDATION: To approve the resolution creating a
Neighborhood Enterprise Zone for the Viridian Shores Development at Harbor 31
as presented.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
close the public hearing and approve the resolution creating the Neighborhood
Enterprise Zone for the Viridian Shores Development at Harbor 31 as presented.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
2021-62 NEW BUSINESS:
A. Alley Vacation – Holbrook/Huizenga Planning
SUMMARY OF REQUEST: Request to vacate the alley north of Holbrook Avenue
and east of Huizenga Street, by Newkirk Electric Associates. The Planning
Commission unanimously recommended vacation of the alley as requested with
the condition that the applicant screen the existing storage areas with a
wooden privacy fence and remove all barbed wire.
STAFF RECOMMENDATION: To (approve/deny) the request to vacate the
alley north of Holbrook Avenue and east of Huizenga Street.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the request to vacate the alley north of Holbrook Avenue and east of
Huizenga Street with the condition that the applicant screen the existing storage
area with a wooden privacy fence and remove all barbed wire.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
B. Amendment to Harbour Towne PUD Planning
SUMMARY OF REQUEST: Request for an amendment to the Harbour Towne
Planned Unit Development to allow for a storage container to be placed at
3505 Marina View Point (Dockers). A motion to recommend denial of the
request was passed by the Planning Commission by a 5-2 vote.
STAFF RECOMMENDATION: Request for an amendment to the Harbour
Towne Planned Unit Development to allow for a storage container to be placed
at 3505 Marina View Point.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
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approve the request for an amendment to the Harbour Towne Planned Unit
Development to allow for a storage container to be placed at 3505 Marina View
Point.
2nd Motion
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
table this item until the next regular City Commission meeting on July 13, 2021.
ROLL VOTE: Ayes: Hood, German, and Rinsema-Sybenga
Nays: Emory, Johnson, and Gawron
MOTION FAILS
3RD Motion
Motion by Commissioner Emory, second by Commissioner Johnson, to refer the
matter of the amendment of the Harbour Towne PUD back to the Planning
Commission for further consideration in consultation with residents and property
owner.
ROLL VOTE: Ayes: Johnson, Hood, German, Rinsema-Sybenga, and Emory
Nays: Gawron
MOTION PASSES
C. YEP Partnership Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to enter into an
agreement with Community Encompass through their YEP (Youth Empowerment
Program) to provide seasonal staffing services within the City.
Staff has struggled to hire an adequate number of seasonal staff to provide the
expected level of services throughout the city. Staff anticipated a need to hire
approximately 30-35 seasonal workers within DPW to provide services primarily
within the Parks and Cemetery Departments throughout the peak tourist seasons
in 2021. To date we have been able to fill approximately 15 of those vacancies
through our current contractual relationship with GoodTemps.
As such, staff reached out to Community EnCompass to see if there would be a
possibility through the YEP program for Community EnCompass to provide
crew(s) of workers that could be utilized to perform seasonal duties that would
normally be provided through GoodTemps staff.
Community EnCompass was able to meet that commitment as outlined in the
attached agreement which would see approximately 10-12 kids employed
through Community EnCompass working for the City of Muskegon in a seasonal
capacity. Workers in this program are generally high school aged students that
do not meet the age requirements to be employed for the city through
GoodTemps.
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The employees in these positions would be assigned to light duties including
mowing, weed whipping, trash collection within the social district, bathroom
cleaning, and other low-risk duties that would not involve the use of heavy
equipment or the operations of City vehicles. YEP Crews would consist of 3-4
workers and a crew supervisor. The crew supervisor would be responsible to work
in partnership with City DPW staff to identify and prioritize tasks throughout the
work week.
Community EnCompass would invoice the city for the labor expenses + markup
in the same manner that is done by GoodTemps.
Community EnCompass will provide supervision and transportation for the
workers. City will provide equipment and supplies for use by the crews.
The cost of this program is already contained within the Contractual Services line
items of multiple city budgets and would not represent a cost increase to the
city rather the cost would be deferred away from expenses related to
employing staff through GoodTemps. If fully utilized staff estimates the value of
this contract at approximately $100,000.
City staff supports this partnership as a way to help us achieve our proper
staffing levels for the summer season and maintain the expected level of service
within the City. This program can also serve as an introduction for students in the
YEP program to learn about potential career paths within the City and help us
address the longer-term systemic issues we have obtaining qualified applicants
for many of our positions.
AMOUNT REQUESTED: $100,000 AMOUNT BUDGETED: $100,000
FUND OR ACCOUNT: 101-70276/70751-5346 (Cemeteries & Parks)
STAFF RECOMMENDATION: Authorize staff to enter into the agreement with
Community EnCompass to provide seasonal workers through their YEP program.
Motion by Commissioner Vice Mayor Hood, second by Commissioner German,
authorize staff to enter into the agreement with Community EnCompass to
provide seasonal workers through their YEP program.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Emory, and
Johnson
Nays: None
MOTION PASSES
D. Special Event Fee Waiver – Rebel Road Public Works
SUMMARY OF REQUEST: Child Abuse Council is seeking a Special Event Fee
Waiver for Rebel Road on July 16-18, 2021. Rebel Road is moving to Hackley Park
this year. They are asking their City fees be waived for 2021. Gathering an
estimated cost for their event is difficult as it has multiple variables and their
Page 11 of 13
special event application has “possibly” written next to some equipment
requests. The minimum estimated cost of their event is $9,770 ($1,500 Hackley
Park use fee for 3 days, $7,200 in Police Staff time (4 officers, $60/hour, total of 30
hours), and at least $1,000 in DPW fees (estimated costs for barricades and
hydrant use; would be different if picnic tables are used.))
Due to Rebel Road not being on Western this year and the likelihood of
motorcycles still parking on Western Avenue, City staff will still need to: close
Western Avenue from Jefferson to 7th, provide police staff, extra Social District
security personnel, portable restrooms, picnic tables, extra trash cans, staff to
empty trash cans, rent a dumpster, etc. The estimated cost of the closing and
maintenance of Western Avenue is $27,590 ($16,200 in Police Staff time (9
officers, $60/hour, 30 hours), $1,140 in extra security personnel (2 staff members,
$19/hour, 30 hours), $2,500 for portable restrooms, $7,000 in DPW fees
(barricading streets, moving picnic tables, 2 staff members during the event to
handle trash), and $750 for dumpster rental and emptying during the event.
Staff has increasing the social district sticker cost for this event and charging
food trucks to be able to park on Western Avenue to help the restaurants with
the volume. This being the first year with the social district, we are unable to
determine an estimated revenue at this time.
STAFF RECOMMENDATION: To approve the request in part from the Child
Abuse Council and waive up to $5,000 in Special Event Fees for Rebel Road.
Motion by Commissioner Johnson, second by Commissioner Emory, to approve
the request from the Child Abuse Council and waive up to $10,000 in Special
Event Fees for Rebel Road.
ROLL VOTE: Ayes: Hood, German, Rinsema-Sybenga, Emory, Johnson, and
Gawron
Nays: None
MOTION PASSES
E. Special Event Fee Waiver – Health West Public Works
SUMMARY OF REQUEST: Health West is seeking a Special Event Fee Waiver for
their free community health and wellness resource fair on August 19, 2021.
Health West is holding a free community health and wellness resource fair that
includes a pre-packed lunch, exhibitor booths, live music, kids activities, and
giveaways. They are asking their City fees be waived for 2021. Base on the
needs of their event, the estimated cost of their event is $600 ($500 Hackley Park
user fee and $100 application fee.)
STAFF RECOMMENDATION: Approve/approve in part/deny the request from
Health West to waive $600 in special event fees for their health and wellness
resource fair.
Page 12 of 13
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German,
to approve the request from Health West to waive $600 in special event fees for
their health and wellness resource fair.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
F. Muskegon Social Equity Program Grants Planning
SUMMARY OF REQUEST: Request to approve the proposed grants/loans as part
of the Muskegon Social Equity Program.
STAFF RECOMMENDATION: To approve the proposed grants/loans as part of
the Muskegon Social Equity Program.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the proposed grants/loans as part of the Muskegon Social Equity
Program.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Emory raised the question about
returning to in-person meetings. All Commissioners are not comfortable with
returning to in-person just yet. Discussion took place regarding an attempt at a
hybrid meeting where participation could take place in person or electronically.
The Clerk’s office will work with the production company to set this up and
commissioners will be invited to test the system.
PUBLIC COMMENT: No public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:55 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 13 of 13
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: Taste of Muskegon Liquor License
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: The Muskegon City Clerk’s Office is seeking commission approval to apply for a
special liquor license for beer, wine, and spirit service for the Taste of Muskegon being held in
Hackley Park on Friday, September 24, 2021 and Saturday, September 25, 2021.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To authorize the City Clerk’s office to apply for a special liquor license for
the Taste of Muskegon.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: Resolution to Place Charter
Amendment on the November 2, 2021 ballot
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: On May 11, 2021the City Commission adopted a resolution approving a charter
amendment to be placed on the November 2, 2021 Ballot. Our City Attorney sent a certified copy
of the resolution and proposed ballot language to the Attorney General and his office has
requested some changes.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the resolution to place a charter amendment question on the
November 2, 2021 ballot.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
RESOLUTION NO.______
A Resolution of the City of Muskegon City Commission to amend the City of Muskegon
City Charter by changing all gender specific terminology to gender neutral terms, as appropriate
and indicated in the context.
The City Commission of the City of Muskegon resolves the following amendment to the
City Charter shall, upon approval of the Governor, be submitted to the Electors of the City
in accordance with the Home Rule Cities Act of the State of Michigan.
Proposed Charter Amendment
City of Muskegon
Amendment to the City of Muskegon Charter by changing all gender specific terminology to
gender neutral terms. Exhibit A shows the Charter as currently written with redlined additions
and deletions showing the proposed language if adopted. Exhibit B is a clean copy of the
proposed Charter showing exactly how the proposed Charter would read if the proposal is
adopted. The gender neutral changes would include:
Chapter II, Section 9
Chapter III, Sections 4, 11
Chapter IV, Section 2, 3
Chapter V, Section 1,6, 7, 8, 9, 10, 11, 12, and 13
Chapter VIII, Section 8
Chapter X, Section 4
Chapter XIII, Sections 11, 17, 25, 27
Chapter XV, Sections 1, 4, 5, 10, 12, 14
BE IT FURTHER RESOLVED that the following language be placed upon the ballot at
the November 2, 2021 election in accordance with the Home Rule Cities Act:
PROPOSED AMENDMENT TO MUSKEGON CITY CHARTER
The City of Muskegon Charter would be amended to change all gender specific
terminology to gender neutral terms, making it clear that the Charter applies
equally to all persons regardless of gender.
Shall the City of Muskegon Charter be amended to make it gender neutral?
BE IT FURTHER RESOLVED that the proposed charter amendment, as adopted by the
City Commission on July 13, 2021 be published in the Muskegon Chronicle, and a reasonable
number of copies made available to the public before the said election.
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2021\071321\02E_13Y4591-CHARTER AMENDMENT; AFTER ELWOR.DOC
This resolution adopted:
AYES: Commissioners
NAYES:
ABSENT:
CITY OF MUSKEGON
By___________________________
Ann Marie Meisch, City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the city commission of the City of Muskegon, Michigan, held on the 13th day of July,
2021 and that the minutes of the meeting are on file in the office of the City Clerk and are
available to the public. Public notice of the meeting was given pursuant to and in compliance
with Act 267, Public Acts of Michigan, 1976.
______________________________
Ann Marie Meisch, City Clerk
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2021\071321\02E_13Y4591-CHARTER AMENDMENT; AFTER ELWOR.DOC
PREAMBLE
The People of the City of Muskegon, acting in accordance with the "Home Rule Act" of
the State of Michigan, do adopt the following Revised Charter:
CHAPTER I. INCORPORATION; BOUNDARIES AND GENERAL POWERS
Section 1. Body politic, etc.; official name.
The inhabitants of the City shall be a body politic and corporate under the name of the
City of Muskegon and in that name the City shall hold the title to all its property and conduct all
its affairs.
Section 2. General powers.
The City of Muskegon shall have and exercise all powers pertaining to municipal
corporations and all those granted or recognized by the laws of the State, whether herein
expressly mentioned or not, and the grant of any power herein contained shall not be construed
as excluding any other power, but the City shall be presumed to have all powers necessary or
suitable for the maintenance of good government and for the promotion of the welfare and
happiness of its inhabitants, not forbidden by the constitution and general laws of the state.
State law reference(s)--Permissible charter provisions, MCL 117.4j(3); general limitations on
powers of city, MCL 117.5.
Section 3. Reserved.
Editor's note--The city boundaries formerly set out in this section are outdated and therefore
were omitted.
Section 4. Four wards.
The City of Muskegon shall be apportioned into four (4) wards in accordance with law.
(As amended November 2, 1982, § 1)
State law reference(s)--Mandatory requirement that Charter provide for establishment of one
or more wards, MCL 117.3.
Section 5. Voting precincts, boundaries.
The voting precincts of the City shall remain as they are until altered by the City
Commission. The City Commission shall have power to increase or diminish the same and to
change their boundaries as conditions shall demand.
State law reference(s)--Election precincts, MCL 168.654 et seq.
1
CHAPTER II. ELECTIONS*
__________
*State law reference(s)--Elections generally, MCL 168.1 et seq.; mandatory that charter
provide for elections, MCL 117.3(b), (c).
__________
Section 1. Registration, elections; state law.
The general registration and election laws of the State of Michigan, except as herein
otherwise provided, shall apply to and control the registration of electors and the conduct of
elections in the City of Muskegon.
State law reference(s)--Michigan Election Law, MCL 168.1 et seq.; registration of electors,
MCL 168.491 et seq.
Section 2. Electors; qualifications; voting precincts.
The inhabitants of the City having the constitutional qualifications of electors of the State
shall be electors of the City. Each one shall vote in the voting precinct wherein he shall have
lodged for twenty (20) days prior to the date of election.
State law reference(s)--Residence in city as of thirtieth day prior to election required, MCL
168.492.
Section 3. Election inspectors, appointment.
At least thirty (30) days prior to the first election after they enter upon the duties of their
office, the City Commission shall appoint three (3) qualified electors in each voting precinct to
be inspectors of election for such precinct and they shall continue so to act at the will of the City
Commission.
Editor's note--Election inspectors are now appointed by the board of election commissioners
at least 21 but not more than 40 day prior to the election. See MCL 168.674.
Section 4. Board of election commissioners.
Within the time limit in the last preceding section, the City Commission shall appoint
three (3) qualified electors to be a board of election commissioners for the City and they shall
serve in that capacity at the pleasure of the City Commission.
State law reference(s)--Board of city election commissioners, MCL 168.25.
Section 5. Nonpartisan primary required; exception; time.
A nonpartisan City primary election shall be held in each even numbered year upon the
same date that the general State primary election shall be held immediately preceding the
general State November election in that year, if nominating petitions for candidates eligible to be
placed on the ballot to a number greater than twice the number of positions to be filled in any
elective office, shall have been filed with the City Clerk as provided by this Charter.
2
(As amended April 7, 1947)
State law reference(s)--Requirement that Charter provide for the nomination of elective
officers by a primary election, MCL 117.3(c); municipal elections set in an odd year election,
MCL 168.641 et seq.
Section 6. Nonpartisan regular election; time.
A nonpartisan regular City election shall be held on the first Tuesday after the first
Monday of November in each even numbered year.
State law reference(s)--Mandatory that Charter provide for time, manner and means of
holding elections, MCL 117.3(c); odd year elections, MCL 168.641 et seq.
Section 7. Special election; resolution required, contents.
Special elections may be held at such times and places as the City Commission may by
resolution designate, the purpose of which shall be fully set forth in the resolution.
State law reference(s)--Special election date must be approved by a county election
scheduling committee, MCL 168.639.
Section 8. Candidates; petitions; form, signatures.
Candidates for elective office shall be nominated from the City at large, or from their
respective wards, by petition, blanks for which shall be furnished by the City Clerk. Each petition
shall be signed by not less than fifty (50) qualified electors and shall be filed with the City Clerk
at such time as may be provided by law preceding a primary election. Each elector signing shall
add his residential street and number and date of signature. No elector shall sign petitions for
more candidates for any office than the number to be elected to such office.
(As amended November 2, 1982, § 2)
State law reference(s)--Nonpartisan nominating petitions, MCL 166.544a; last day for filing
nominating petitions where local primary falls on same day as state or county primary election,
MCL 168.646a.
Section 9. Nominating petitions; sufficiency, determination; candidates, certification.
The City Clerk shall accept for filing only nominating petitions on official blanks
containing the required number of signatures for qualified candidates. The City Clerk shall
forthwith determine the sufficiency of signatures on each petition filed. Petitions which are found
by the clerk to contain the required number of signatures of registered electors for qualified
candidates shall be marked `approved' with the date thereof. Within three days after the time
limited for filing nomination petitions, the City Clerk shall certify to the Board of Election
Commissioners the names of all the candidates duly nominated, and special matters, if any, to
be submitted to the electors.
State law reference(s)--Certification of nominating petitions by city clerk, MCL 168.552;
validity of petition or signature, MCL 168.552a.
Section 10. Ballots; contents; candidates' names; special matters.
3
The names of the candidates shall be placed by the Board of Election Commissioners
on the primary ballot for only such positions as shall have more than twice the number of
candidates seeking each office to be filled by election. Special matters, if any, shall likewise be
placed upon said ballot. The candidates in the primary election receiving the largest number of
votes, to a number equal to twice the number of positions to be filled in any office, and the
names of candidates not required to be placed on the primary election ballot, shall be placed on
the ballot at the regular city election, together with special matters, if any, to be voted upon.
State law reference(s)--Preparation and distribution of ballots, MCL 168.559 et seq.
Section 11. Polls; hours open.
The polls shall be open in each voting precinct from 7:00 a.m. to 8:00 p.m.
State law reference(s)--Similar provisions, MCL 168.720.
Section 12. Canvass of votes; board of election commissioner’s duties.
Immediately upon the closing of the polls the precinct election inspectors shall canvass
the votes and announce the results as provided in the general election laws for county and state
elections. They shall first canvass the votes for city officers and shall forthwith make a statement
of all votes cast at the election and file the same at once with the City Clerk. The board of
election commissioners shall act as a board of city canvassers to canvass the votes cast at all
elections under this Charter. They shall meet at the City Hall on the Thursday following each
election at 9:00 in the forenoon, and publicly canvass the election returns, and shall determine
the vote upon all questions and propositions and declare whether the same have been adopted
or rejected and what persons have been nominated or elected at such election. The candidate
or candidates, where more than one are to be nominated or elected to the same office, who
shall receive the largest number of votes shall be nominated or elected. Upon the completion of
the canvass the board shall file with the City Clerk a statement of their determination and the
City Commission shall enter the same upon the official records of the City.
State law reference(s)--Appointment, qualifications, selection, duties, etc., of city board of
canvassers, any Charter provision notwithstanding, MCL 168.30a et seq.
Section 13. Tie vote; determination.
If at any city election there shall be no choice between candidates by reason of two or
more candidates having received an equal number of votes, then the board of city canvassers
shall determine the successful candidate or candidates by lot.
State law reference(s)--Determination of election by lot, MCL 168.851, 168.852.
Section 14. Candidates; nomination, election; notice, time.
Within five days after the filing of the canvass the City Clerk shall give notice to the
persons nominated or elected of their nomination or election.
Section 15. Elections, time, place; notice required; state law.
Notice of the time and places of holding any election and the propositions to be voted
upon shall be given by the City Clerk in the manner as provided and required by state law
4
relating to elections.
(As amended April 7, 1947)
State law reference(s)--Notice of elections, MCL 168.653a.
Section 16. Ballots; form; party designation prohibited.
The form of the ballot shall conform as nearly as may be to that prescribed by the
general laws of the State, except that no party designation or emblem shall appear upon any
City ballot.
State law reference(s)--Form of ballots, MCL 168.696 et seq.
Section 17. Recount; state law.
A recount of the votes cast at any city election for any office, or upon any proposition,
may be had in accordance with the general election laws of the State.
State law reference(s)--Recounts, MCL 168.861 et seq.
5
CHAPTER III. CITY OFFICERS
Section 1. Elective officers.
There shall be a City Commission of seven (7) members. Two (2) shall be nominated
and elected from the qualified voters of the City at-large, and one (1) shall be nominated and
elected from the qualified voters of the City at-large and shall be elected as the Mayor, and one
(1) shall be nominated and elected by the qualified voters of each of the four (4) wards as
provided in Chapter I, Section 4.
(As amended November 2, 1982, § 3; as amended November 8, 1994, § 1)
State law reference(s)--Mandatory for Charter to provide for election of certain officers, MCL
117.3(a).
Section 2. Appointive officers enumerated.
The following shall be the appointed officers of the City:
(1) To be appointed by the City Commission:
City Manager
City Clerk
City Attorney
City Treasurer
City Auditor
City Assessor, and one or more assistant assessors as the Commission may
determine
Three (3) members of the Board of Health
Three (3) Election Commissioners
Three (3) inspectors of Election for each voting precinct
Four (4) members of the Board of Review
Such other officers as the Commission may deem necessary or suitable.
(2) To be appointed by the City Manager:
All directors of departments except City Attorney and City Auditor
City Engineer
City Health Officer
Chief of Police
Chief of Fire Department
Any such other officers as the City Commission may authorize.
6
(As amended November 8, 1994, § 1)
State law reference(s)--Mandatory that Charter provide for appointed officers, MCL 117.3(a).
Section 3. City Commissioners; qualifications, term; holding additional office,
restriction.
The City Commissioners elected at large shall be electors of the City and shall have
resided therein at least one (1) year immediately preceding their election and shall remain
electors of the City throughout their term of office. The City Commissioners elected from the
respective wards shall have resided within their respective wards at least one (1) year
immediately preceding their election and shall remain electors of the City and residents of their
respective wards throughout their term of office. They shall not during their term of office hold
any other City office unless specifically provided in this Charter. They shall be elected at the
regular City election. At the first regular City election held after the adoption of this amended
section of the Charter, one (1) Commissioner shall be elected from each of the four (4) wards
for a term of four (4) years and shall serve with the remaining three (3) Commissioners who
shall serve the balance of their unexpired term. At the next succeeding regular City election
following the election of Commissioners for each of the four (4) wards, three (3) Commissioners
shall be elected at large for a term of four (4) years. Thereafter their successors shall be elected
for a term of four (4) years. They shall take office on the first day of January following their
election.
(As amended November 2, 1982, § 3)
Editor's note--A one year residency requirement was upheld in Joseph v. City of Birmingham,
510 F. Supp. 1319 (E.D. Mich. 1971).
State law reference(s)--Mandatory that Charter provide for qualifications of officers, MCL
117.3(d).
Section 4. Representation in newly annexed area.
Any single area annexed to the City of Muskegon at one time and by means of a popular
vote thereon, having a population of five thousand (5,000) or more on the date of said election,
shall be entitled to elect an additional member to the City Commission for a period of not less
than five nor more than eight years as provided in this section. Said additional member shall
have all the rights, powers and duties of a duly elected City Commissioner and shall receive the
same compensation. Said population shall be determined by the existing City Commission on a
basis of such evidence as may be available including the past previous federal census, school
census, tax records, election records, or a special census conducted for the purpose, and its
decision shall be final. A special election in the annexed area shall be called by the City
Commission as soon as it is reasonably practicable after the effective date of the annexation. At
this election prior registration records may be used if available. Subject to the provisions of this
section, the election chapter of this Charter and the state election laws shall be followed. The
annexed area representative to be elected shall have been a resident of the area for at least
four years prior to the date of election and nominations shall be made by petition as provided in
the election chapter hereof for City Commissioners. If only one person is nominated within the
time limited, the City Commission shall declare such person an additional member of the City
Commission and cancel the election. Said additional member shall hold office from the Tuesday
following the canvass of the election of the declaration above provided to the first day of
January following the regular municipal election which is held more than one year after the
7
commencement of the original term, at which election said additional membership shall again be
voted upon for a full four year term commencing on the first day of January following the
additional member’s election. At the end of the full four-year term so provided, said additional
membership shall expire. Only registered electors residing within the annexed area shall be
entitled to vote upon the additional membership. In filling any vacancy in such additional
membership, the remaining members of the City Commission shall be limited to the selection of
a person having qualifications to be a candidate for such membership. In performing the
mandate of this section, the City Commission shall act promptly and in good faith and in failure
thereof, mandamus shall lie. The provisions of this section shall be construed as modifying and
amending any other provisions of the Charter of the City of Muskegon inconsistent therewith.
(Added November 3, 1964)
Editor's note--Originally § 4 of this chapter related to justices of the peace. That section was
repealed by an amendment of April 1, 1935, which added Chapter 18, relating to the municipal
court. Section 4, as above set out, was added by an amendment of November 3, 1964.
State law reference(s)--Mandatory that Charter provide for elections of certain officers, MCL
117.3(a).
Section 5. Election; city officers; appointment, time.
The City Manager, City Clerk, City Attorney, City Treasurer, City Auditor, City Assessor,
three members of the Board of Health and four members of the Board of Review shall be
appointed by the City Commission at the same time.
(As amended November 8, 1994, § 1)
Section 6. Appointive officers; tenure.
All officers appointed by the City Commission shall hold at the pleasure of the
Commission and all officers appointed by the City Manager shall hold at the pleasure of the
manager, unless herein otherwise provided.
Section 7. Officers; qualifications, oath, bond.
All officers shall be citizens of the United States. They shall take the constitutional oath
of office and if bonds are required shall give their official bond prior to entering upon the duties
of their office and within ten days after notification of their election or appointment.
State law reference(s)--Mandatory that Charter prescribe qualifications of officers, MCL
117.2(d).
Section 8. Officers oath, bond, regulations.
The City Commission may require any officer to give a bond with such condition and in
such amount as the commission may determine and to be approved by the commission. The
surety shall be a bonding company authorized to act under the laws of the state and the
premium therefor shall be paid by the city.
Section 9. Violation.
A failure to file the oath of office or the bond when required within the time required shall
8
render the office vacant.
Section 10. Resignations, filling vacancies.
All resignations of all elected officers and officers appointed by the City Commission
shall be made to the City Commission. Resignations of officers appointed by the City Manager
shall be made to the City Manager. In case of a vacancy in any elected office, the vacancy shall
be filled within thirty days by a majority vote of the remaining members of the City Commission
in office, and the person appointed shall fill the vacancy until the next general election for any
city elective office, at which time persons shall stand for election for the balance of any
unexpired term of the position which has been filled by the appointment. The person elected
shall take office immediately upon certification of the election results. Notwithstanding, any
person thus appointed to fill a vacant elected position where the vacancy first occurs less than
180 days before the next such general city election shall hold the position for the balance of the
unexpired term of the office.
(As amended November 2, 1999)
State law reference(s)--Vacancies in city office to be filled as provided in charter, MCL
201.37.
Section 11. Sales, purchases, contracts; financial interest prohibited, penalty.
No officer or employee of the City shall be directly or indirectly interested in the sale to or
purchase from the City of any property or be directly or indirectly interested as principal, surety
or otherwise, in any contract except his contract of employment, the expense or consideration
whereof is paid under any ordinance, motion or resolution of the Commission. Any person who
shall violate any of the provisions of this section shall on conviction thereof be punished by
imprisonment in the county jail or the Detroit House of Correction not longer than ninety days, or
by fine not exceeding five hundred dollars, or by both such fine and imprisonment at the
discretion of the Court. The officer shall also forfeit the officer’s office. The prohibitions of this
section shall not apply to any person if the City Commission shall declare on its records by a
unanimous vote of the members thereof that the best interests of the City are served despite a
personal interest direct or indirect.
Section 12. Mayor, city commissioners; compensation.
The salary of the Mayor shall be five hundred dollars a year. That of the other
Commissioners shall be three hundred sixty dollars. All other salaries shall be fixed by the City
Commission.
Editor's note--The above provisions relative to the salary of the Mayor and other
Commissioners are superseded by Ordinance No. 711, relating to the local officers'
compensation commission and adopted pursuant to MCL 117.5c. See ch. 2, article VII, div. 2 of
the Code of Ordinances.
9
CHAPTER IV. CITY COMMISSION*
__________
*Charter reference(s)--Additional members of City Commission under representation in newly
annexed area, ch. III, § 4.
__________
Section 1. General legislative powers.
The seven City Commissioners shall constitute the legislative body of the City under the
name "City Commission" and all the powers of the City of Muskegon not specifically invested by
law or by this Charter in some other officer or body shall be exercised by the City Commission.
State law reference(s)--Mandatory that Charter provide for elected legislative body, MCL
117.3(a).
Section 2. Administrative service; dealing with personnel, restrictions.
The City Commission shall be the judge of the election and qualification of its own
members, subject to the review of the courts. Neither the Commission nor any of its members or
committees shall dictate the appointment of any person to office or employment by the City
Manager or in any manner interfere with the City Manager to prevent the City Manager from
exercising the City Manager’s judgment in the appointment of officers or employees in the
administrative service. Except for the purpose of inquiry, the Commission and its members shall
deal with the administrative service solely through the City Manager and neither the
Commission nor any member thereof shall give orders to any of the subordinates of the City
Manager.
Section 3. City Commission; organization, vice-mayor, meetings, order of business,
records.
During the first week in January following the regular municipal election the City
Commission shall meet at the council chamber in the City Hall and complete its organization. At
the time it shall elect from its own members a vice mayor who shall perform all the duties of the
mayor when from any cause the mayor is temporarily unable to perform the duties of the
Mayor’s office, or in case of a vacancy in the office of mayor until such vacancy is filled by the
City Commission. It shall then establish a time for regular meetings of the Commission which
shall be held at least twice in each month. Special meetings may be called at any time by the
mayor or by two other commissioners by giving such notice to its members as the Commission
shall provide. All meetings of the City Commission shall be public and any citizen shall have
access to the minutes and records thereof at all reasonable times. The Commission shall
determine its own rules and order of business and shall keep a record of its proceedings.
State law reference(s)--Mandatory that charter require compliance with Open Meetings Act,
MCL 117.3(l); Open Meetings Act, MCL 15.261 et seq.
Section 4. Quorum, adjournments, vote required.
The majority of the members of the City Commission shall be a quorum to do business
10
but in the absence of the quorum two or more commissioners can adjourn meeting to a later
date except as herein otherwise provided. The affirmative vote of the majority of the members of
the City Commission shall be necessary to adopt any measure before it. All votes except or
motion to adjourn and to refer shall be taken by "Yea" and "Nay" vote and entered upon the
record.
11
CHAPTER V. ADMINISTRATIVE SERVICE*
__________
*State law reference(s)--Mandatory requirement that charter prescribe duties of city officers,
MCL 117.3(d).
__________
Section 1. Mayor; powers and duties.
In so far as required by law and for all ceremonial purposes the Mayor shall be
recognized as the executive head of the City. The Mayor shall be chairman of the City
Commission and shall have a voice and vote in its proceedings, but no veto power. The Mayor
shall authenticate by the Mayor’s signature such instruments as the City Commission, this
Charter or the laws of the State shall require.
State law reference(s)--Mayor required, MCL 117.3(a).
Section 2. Administrative departments enumerated.
The following administrative departments are hereby established:
1. Department of Law.
2. Department of Finance.
3. Department of Public Works.
4. Department of Public Health.
5. Department of Public Welfare.
6. Department of Public Safety.
State law reference(s)--Charter may provide for the establishment of departments, MCL
117.4j(1).
Section 3. Department heads enumerated.
Until otherwise provided by ordinance the City Attorney shall be director of the
department of law, the City Auditor of the department of finance, the City Engineer of the
department of public works, the City Health Officer of the department of public health and
welfare, and the City Manager of the department of public safety.
Section 4. Administrative officers; responsibility.
The directors of the departments of law and finance shall be immediately responsible to
the City Commission. The other directors shall be immediately responsible to the City Manager
for the administration of their departments.
Section 5. City departments; functions, ordinance required.
The City Commission shall by ordinance determine and prescribe the functions of each
12
department and may create new departments, combine existing departments and establish
temporary departments for special work when in its opinion the proper administration of the City
requires. The functions of the department of public welfare, however, shall include the
supervision and management of all charitable, correctional and reformatory institutions and
agencies belonging to the City, the use of recreational facilities of the City, including parks and
playgrounds, the inspection and supervision of public entertainments, the study and research
into causes of poverty, delinquency, crime and other social problems in the community.
Section 6. City Manager; authority; absence, disability.
The City Manager shall be the administrative head of the municipal government under
the direction and supervision of the City Commission and shall hold office at the pleasure of the
Commission. The City Manager need not be a resident of the City at the time of appointment.
During the City Manager's absence or disability, the City Commission may designate some
properly qualified person to execute the function of the office.
Section 7. City Manager; powers and duties.
Except as herein otherwise provided, the City Manager shall have the following powers
and duties:
1. To enforce all city laws and ordinances.
2. To appoint and remove all administrative officials of the city subject to the civil
service provisions.
3. To enforce all city contracts and franchises.
4. To supervise all public improvements, works and undertakings.
5. To attend all meetings of the City Commission and to take part therein, but
without vote.
6. To prepare the annual itemized budget and to keep the City Commission fully
advised as to the financial condition and needs of the City.
7. To recommend to the City Commission for its adoption such measures as the
City Manager may deem necessary or expedient.
8. To perform such other duties as may be required by this Charter, by ordinance or
the direction of the City Commission or as naturally pertain to the general
management of the City affairs.
Section 8. City Clerk; powers and duties.
The City Clerk shall be Clerk of the City Commission, shall attend all its meetings, shall
keep a permanent journal in the English language of its proceedings and shall sign the same.
The City Clerk shall attest such instruments as the City Commission, this Charter or the
laws of the State shall require.
The City Clerk shall be custodian of the seal and of all papers, documents and records
of the City, the custody of which is not otherwise provided for.
The City Clerk shall give to the proper officials ample notice of the expiration or
13
termination of all franchises and contracts. The City Clerk may administer all oaths required to
be taken by this charter or by the City Commission. The City Clerk shall act with the City
Assessor in making jury lists.
The City Clerk shall perform such other duties of a clerical nature as naturally pertain to
the City Clerk’s office or which shall be required by this Charter or by the City Manager.
State law reference(s)--Mandatory requirement that charter provide for city clerk, MCL
117.3(a).
Section 9. City Auditor; powers and duties.
The City Auditor shall keep the City's books of account, which shall show in accurate
detail all moneys received and their several sources and all disbursements made and their
purposes.
The City Auditor shall establish and maintain a system of accounts suitable for all
departments and officers of the City which shall conform to any uniform system required by law.
The City Auditor shall examine and audit all accounts and claims against the City except
claims for unliquidated damages. The City Auditor shall not issue or sign any craft, check or
warrant until the City Auditor has verified the correctness of the account for which the same is
issued; neither shall the City Auditor allow the payment of any account unless the money has
been appropriated therefor, nor shall the City Auditor issue or sign any draft, check or warrant
for any account against the City unless sufficient money is in the fund on which it is drawn.
The City Auditor shall examine and audit the books of the City Treasurer once each
month and at the close of the fiscal year, or whenever the City Auditor shall think necessary or
shall be directed by the City Commission. The City Auditor shall examine and audit all books of
account of other officers, boards or departments.
All books of account of the City shall be balanced at the close of each month and a
report made thereof by the City Auditor to the City Commission. The City Auditor shall present
to the City Commission each month and whenever required by the Commission, a detailed
statement of the financial condition of the City which shall include all receipts and expenditures
of the various departments, and annually a detailed statement of the debt of the City and the
purpose for which it was incurred and an inventory of the property of the City with both its cost
and estimated current value.
He shall perform such other duties as naturally pertain to his office or as may be
required by this Charter or by the City Commission.
Section 10. City Attorney; powers and duties.
The City Attorney shall act as legal adviser to and as attorney and counsel for the
municipality and all its officers in matters relating to their official duties. The City Attorney shall
give written opinions to any official or department of the City whenever requested in writing so to
do, and shall file a copy of the same with the City Clerk.
The City Attorney shall conduct for the City all cases in Court to which the City is a party.
The City Attorney shall prepare, or officially pass upon, all contracts, bonds and other
instruments in writing, in which the City is concerned, and shall verify before execution as to
their legality and correctness of form.
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The City Attorney shall perform such other duties as may be prescribed by this Charter
or by the City Commission.
Section 11. City Treasurer; powers and duties.
The City Treasurer shall have the custody of all moneys, the City Clerk's bond, and all
evidence of value belonging to the City or held in trust by the City.
The City Treasurer shall receive all moneys belonging to and receivable by the City, and
shall keep a correct account of all receipts and expenditures.
The City Treasurer shall keep and deposit all moneys or funds in such manner and in
such places as the City Commission may determine. The City Treasurer shall report in detail to
the City Auditor each day all moneys collected by the City Treasure.
The City Treasurer shall pay no moneys out of the treasury except in the manner
prescribed in this Charter.
The City Treasurer shall have such powers and duties in regard to the collection of
school taxes as are given the City Treasurer by law, or by the Charter of the Public Schools of
the City of Muskegon, and by this Charter.
The City Treasurer shall perform such other duties as may be prescribed by the laws of
the State, by this Charter or by the director of finance.
State law reference(s)--Mandatory requirement that charter provide for treasurer, MCL
117.3(a).
Section 12. City Assessor powers and duties.
The City Assessor shall possess all the powers vested in and shall be charged with all
the duties imposed upon assessing officers by the general laws of the State.
The City Assessor shall make and prepare all regular and special assessment rolls in
the manner prescribed by this Charter and the general laws of the State. The City Assessor
shall act with the City Clerk in making jury lists.
The City Assessor shall perform such other duties as may be prescribed for the City
Assessor by this Charter.
State law reference(s)--Mandatory requirement that charter provide for city assessor, MCL
117.3(a).
Section 13. Purchasing Agent; appointment; powers and duties.
The City Manager or some officer other than the auditor or treasurer shall be designated
by the City Commission to act as purchasing agent, by whom all purchases for the City shall be
made and all vouchers for the payment of the same approved. The City Manager or designated
purchasing agent shall also conduct all sales of personal property which the City Commission
may authorize to be sold.
The City Manager or designated purchasing agent shall see to the delivery of supplies
to each department and where purchases or sales are made on joint account of several
departments the City Manager or designated purchasing agent shall apportion the charge of
credit to such department.
15
All purchases and sales shall conform to such regulations as the City Commission may
from time to time prescribe, but in either case if the amount involved is in excess of five hundred
dollars, opportunity for competition shall be given.
Section 14. Reserved.
Editor's note--The above section related to city representation on the county board of
supervisors and was omitted due to the superseding effect of MCL 46.401 et seq., which
provides for the election and apportionment of members of the board.
16
CHAPTER VI. PUBLIC HEALTH*
__________
*State law reference(s)--Public Health Code, MCL 14.15(11d) et seq.
__________
Section 1. General powers.
The power of the City to preserve and promote the health of its inhabitants shall be
limited only by the laws of the State and needs of the City.
State law reference(s)--Mandatory requirement that charter provide for public peace, health
and safety of persons and property, MCL 117.3(j).
Section 2. Board of Health; composition.
The Board of Health shall consist of three members, two of whom shall be registered
physicians, residents of the City of Muskegon. The City health officer shall sit with the Board of
Health but shall have no vote.
State law reference(s)--Local health departments, MCL 333.2401 et seq.
Section 3. Board of Health; powers and duties.
The Board of Health shall have and exercise for the City all the powers and authority
conferred upon boards of health by the general laws of the State, by this Charter and by the
ordinances of the City. It shall be its duty and duty of the health officer to see to the enforcement
of all laws and ordinances pertaining to public health.
Section 4. Health officer; powers and duties.
The health officer shall have and exercise all the powers of police officers of the City and
all power and authority conferred on health officers by the laws of the State, by this Charter or
by the ordinances of the City and shall perform all duties required of such officer.
State law reference(s)--Local health departments, MCL 333.2401 et seq.
17
CHAPTER VII. ORDINANCES*
__________
*State law reference(s)--Mandatory requirement that Charter provide for adopting, continuing,
amending and repealing ordinances, MCL 117.3(k).
__________
Section 1. City Commission; powers.
The City Commission shall have power to enact, amend and repeal all ordinances that
may be necessary or proper for carrying out the powers conferred and the duties imposed upon
the City by this Charter and by the laws of the State.
Section 2. Ordinances; style; adoption, vote required.
The style of all ordinances shall be "The City of Muskegon Ordains." They shall require
for their passage a majority vote of all members of the Commission in office. No ordinance shall
be adopted at the same meeting at which it is proposed except by unanimous consent of all
members of the Commission then in office.
Section 3. Same; effective date, publication.
Every ordinance shall prescribe the time within which it shall take effect and in case a
penalty is imposed such time shall not be less than ten days after the first publication. All
ordinances shall be published at least once in one or more of the daily newspapers of the City
before they become operative.
Section 4. Initiatory petition; signatures required.
Any proposed ordinance may be submitted to the Commission by petition signed by
electors of the City equal in number to fifteen percent of the highest vote cast in the City for
commissioner in the last preceding general election. The petition shall contain a request that the
ordinance be submitted to a vote of the people if not passed by the Commission and the
ordinance shall either be contained in the petition or shall accompany it.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 5. Same; Commission determination required.
Within thirty days after such petition is presented to the Commission, the Commission
shall either pass the proposed ordinance without alterations or it shall amend the ordinance if it
deems advisable, retaining, however, the general purpose thereof, or it shall submit the same
without amendment to the vote of the electors of the City.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 6. Same; amendment by commission; publication, protest.
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In case the Commission shall amend the ordinance it shall publish the same as
amended in one or more newspapers in the City and if within fifteen days thereafter a protest
against the adoption of the ordinance as amended be filed, signed by electors of the City equal
in number to ten percent of the highest vote cast in the City for commissioner at the last
preceding general election, the ordinance as amended shall be submitted to the electors of the
City. If no such protest shall be filed the ordinance shall take effect at the time prescribed by the
ordinance, or if that has expired, at the expiration of said period of fifteen days.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 7. Electors; conflicting ordinances, adoption; determination.
In case the amended ordinance is submitted to the electors the original ordinance shall
be submitted at the same time as an alternative, but no elector shall vote "yes" to both
ordinances. If each ordinance shall have a majority of votes cast on the adoption of the same,
the one having the greater number of votes shall be considered adopted. If a single ordinance is
submitted and the majority of qualified electors voting thereon shall vote in favor thereof, it shall
be adopted.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 8. Ordinances, emergency, effective date, objections.
No ordinance passed by the Commission except when otherwise required by the general
laws of the State or by the provisions of this Charter (excepting ordinances for the immediate
preservation of the public peace, health or safety which shall contain a statement of urgency
and shall be passed by unanimous vote of the Commission) shall go into effect for ten days
from the time of its final passage and if during the said ten days there shall be presented to the
Commission a protest against the passing of said ordinance signed by electors of the City equal
in number to at least fifteen percent of the highest vote cast for candidates for commissioner at
the last preceding general election, said ordinance shall thereupon be suspended from taking
effect, and it shall be the duty of the Commission to reconsider said ordinance and if the same is
not entirely repealed the Commission shall submit it to the vote of the electors.
Section 9. Electors; ordinances, adoption; number unrestricted.
Any number of proposed ordinances may be voted upon at the same election in
accordance with the provision[s] of the Charter.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 10. Ordinances; repeal; submission to electors.
The City Commission may submit a proposition for the repeal of any such ordinance or
for amendments thereto to be voted upon at any city election and if such proposition receives a
majority of the votes cast thereon at such election the ordinance shall thereby be repealed or
amended.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
19
117.4i(g).
Section 11. Same; submission to electors, time.
All ordinances submitted to the electors shall be submitted at the next general municipal
election after final action taken by the Commission if one is held within ninety days, but if no
general election shall be held within that time, a special election shall be called by the City
Commission for that purpose and held within that time. Not more than one special election shall
be held for such purpose in the period of six months.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 12. Same; adoption, electors; effective date.
Whenever the electors shall adopt an ordinance it shall go into effect as prescribed
therein, or if that time shall have expired, ten days after the election.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 13. Ordinances; adoption, electors; repeal, restriction.
No ordinance which has been adopted by the vote of the electors shall be repealed or
amended within five years except by vote of the electors.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 14. Ordinances; submission to electors; publication required.
All ordinances or propositions for amendment or repealing of ordinances submitted to
the voters shall be published at least once in one or more of the daily newspapers in the City not
more than thirty nor less than ten days prior to the elections.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 15. Ordinance book, filing required.
All ordinances after having been duly passed shall at once be filed in the office of the
City Clerk and shall be recorded in the Book of Ordinances of the City of Muskegon. It shall not
be necessary to enter any ordinance at length in the journal of the Commission but reference
may be made thereto by its title in all actions upon the passage thereof.
Section 16. Charter, or ordinances; publication required, time.
Within one year after this Charter takes effect the City Commission shall cause to be
published in pamphlet form this Charter with the amendments thereof, if any, and all ordinances
then in force in the City. If any ordinance shall have been amended, the complete ordinance
with the amendment incorporated therein shall be published and not the original ordinance and
amending ordinances.
20
Section 17. Same; public utility contracts; compilation, publication required, time.
At least once in each ten years thereafter the City Commission shall cause to be
compiled and published in pamphlet form this Charter, all amendments to the Charter, all
ordinances and all long term contracts between the City and public utility corporations. The
correctness of such publications shall be certified to by the compiler.
Section 18. Ordinances, publication; evidence.
Proof of publication of any ordinance, resolution or other proceeding of the Commission
may be made by an affidavit of the printer or publisher of the paper in which the same has been
published and such affidavit when duly filed with the Clerk shall in all cases, courts and
proceedings be prima facie legal evidence of the publication of such resolution, ordinance or
other proceeding. All copies of the ordinance of the Commission purporting to have been
published or printed by its authority shall in all courts and proceedings be received as prima
facie evidence thereof and of their enactment and publication.
Section 19. Ordinances; violations, penalties, imprisonment, fines, costs and expenses.
City ordinances may provide penalties for violations. Penalties for civil infractions may
include, without limitation, civil fines, costs, damages and expenses in the amounts authorized
by State law. For criminal violations, ordinance penalties may include, without limitation, criminal
fines and imprisonment for the amounts and periods authorized by any State law, and costs and
expenses in lawful amounts.
(As amended February 22, 2000)
State law reference(s)--Restriction on fines and imprisonment, MCL 117.4i(k).
Section 20. Fines, recovery; civil action authorized.
Whenever a pecuniary penalty or forfeiture shall be incurred for violation of any
ordinance and no provision shall be made for imprisonment of the offender on conviction
thereof, or if the offender shall be a corporation, such penalty or forfeiture may be recovered in
an action of debt or assumpsit.
Section 21. Same; civil actions, procedure.
Such action shall be brought in the name of the City of Muskegon and may be
commenced by summons. All pleadings and proceedings in the case except as herein
otherwise provided shall conform to and be the same as in like actions for the recovery of
penalties for violation of the laws of the State. Upon rendition of judgment against the defendant
execution shall issue forthwith and if not against a corporation shall require that if sufficient
goods and chattels of the defendant cannot be found to satisfy the same the defendant be
committed to the County jail for Muskegon County or the City jail for a period not exceeding
ninety days, unless the execution be sooner paid or the defendant discharged by due course of
law.
Section 22. Ordinances, violations; prosecutions, pleadings, proceedings.
Prosecutions for the violation of ordinances may be commenced by summons, and in all
cases except against corporations, by warrant for the arrest of the defendant. Such warrant
21
shall be issued upon complaint as in criminal cases cognizable by justices of the peace and
shall be substantially in the form of warrants issued under criminal cases. All pleadings and
proceedings in the case shall be substantially in the form of warrants issued under criminal
cases. All pleadings and proceedings in the case shall, except as herein otherwise provided, be
governed by and conform as nearly as may be to the provisions of law in criminal cases
cognizable by justices of the peace.
Section 23. Same; county jail; use authorized.
The City of Muskegon shall be allowed the use of the County jail of Muskegon County
for the confinement of persons liable to imprisonment under the ordinances thereof and under
any of the other provisions of this Charter and the sheriff or other keeper of the jail shall receive
and keep any person committed thereto until lawfully discharged.
Section 24. Ordinances, violations; pleadings, process.
It shall not be necessary in any suit, proceeding or prosecution for the violation of any
ordinance of the City to set forth such ordinance or any provision thereof in any complaint
warrant, process or pleading therein, but the same shall be sufficiently set forth or stated by
reciting the title and the date of passage or approval and it shall be a sufficient statement of the
offense or action complained of in the said complaint or warrant to set forth substantially with
reasonable certainty the time and place of the act or offense complained of and to allege the
same to be a violation or an ordinance of the City referring thereto by its title and the time of its
passage or approval.
Section 25. Penalties, forfeitures; actions, appeals.
In all prosecutions and in all suits to which the City shall be a party brought to recover
any penalty or forfeiture for violation or breach of any ordinance commenced by summons,
warrant or other process to which the City shall be a party, brought in Justice Court, like
proceeding shall be had except as herein otherwise provided, and the judgment rendered
therein may be appealed from by the City or defendant in like manner as similar cases tried
before justices of the peace, except that the City of Muskegon, if it shall appeal will not be
required to give any bond.
Editor's note--Justice courts have been abolished. See MCL 600.9921, 600.9930.
Section 26. Process; issuance, return.
All process issued by any justice of the peace to enforce any of the ordinances of the
City shall be directed to the chief of police of the City of Muskegon or to the sheriff or any
constable of the County of Muskegon, and such process may be executed by any of said
officers anywhere in the State and shall be returned as any similar process issued by justices of
the peace.
Editor's note--Justice courts have been abolished. See MCL 600.9921, 600.9930.
22
CHAPTER VIII. GENERAL FINANCE*
__________
*State law reference(s)--Municipal Finance Act, MCL 133.1 et seq.; Uniform Budgeting and
Accounting Act, MCL 141.421 et seq.
__________
Section 1. Fiscal year.
The fiscal year of the City shall be established by ordinance adopted by the City
Commission.
Section 2. Revenue; division into specific funds.
The revenues of the City shall be divided among such funds as the City Commission
may determine which shall, however, include:
Contingent fund to defray contingent and other expenses for the payment of
which from some other fund no provision is made.
Interest and sinking fund to defray expenditures for the payment of the public
debt and interest thereon.
Special assessment fund to defray expenditures from moneys raised by special
assessments for public improvements.
Section 3. Contemplated annual expenditures; estimate, submission; city manager, duty.
By the dates established by ordinance adopted by the City Commission, the City
Manager shall submit to the City Commission an estimate of the contemplated expenditures and
revenues for the ensuing year and the City Commission shall determine the amount and
purpose of the necessary expenditures for such year and shall adopt a resolution fixing the
amount of the appropriation to be made therefor. Provided, however, that the amount
appropriated shall comply with Section 21 of Article 10 of the State Constitution of Michigan
[1904] and be based on the assessable property of the City as established by the assessment
roll for the current year.
(As amended May 8, 1920; September 11, 1934; and November 2, 2004)
State law reference(s)--See Art. 9, § 15 of Mich. Const. of 1963; mandatory requirement that
charter provide for annual appropriation of money for municipal purposes, MCL 117.3(h).
Section 4. Receipts, delivery to city treasurer.
All moneys received, regardless of the source from which they come, shall be paid to,
the City Treasurer, shall be entered in the proper fund relating to the purpose for which they are
designed to be used and shall be applied only to such purpose.
Section 5. Special assessment funds, interest, sinking fund; special account required.
23
All moneys belonging to special assessment funds and to the interest and sinking fund
shall be kept in a single bank account separate from all other moneys.
Section 6. Transfer of funds.
No transfer shall be made from one fund to another except where there is an
unappropriated balance in the contingent fund. Transfers not in excess of such unappropriated
balance may be made from that fund to any other.
Section 7. Funds, insufficiency; warrants prohibited.
No warrant shall be drawn on the City Treasury against any fund which after deducting
all prior warrants thereon has not a sufficient amount therein to pay such warrant.
Section 8. Same; Charter violation, officers; penalty.
If any commissioner shall vote for a transfer of funds or for the use of moneys or if the
City Auditor or City Manager shall draw or sign any warrant contrary to the provisions of this
Charter, the commissioner, City Auditor, or City Manager shall be at once subject to removal
from office and shall be ineligible to hold any office in the City of Muskegon for the period of five
years thereafter. If the City Commission shall fail to make such removal within thirty days after
such fact is known, any elector may apply to the Circuit Court for the County of Muskegon on
the law or chancery side as the case may be, to compel the removal of such officer.
Section 9. Payment vouchers; certification required; warrants, signatures.
Payments by the City shall be made only on vouchers certified by the head of the
appropriate department or other division of the City government, and by warrants on the City
Treasury issued by the City Manager and countersigned by the City Clerk.
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CHAPTER IX. BONDS
Section 1. Bonds, issuance; City Commission, authority.
The City Commission shall borrow no money and issue no bonds unless herein
authorized or unless authorized by the electors of the City at an election wherein the question is
lawfully submitted.
State law reference(s)--Authority to borrow money, MCL 117.4a.
Section 2. Bonds, issuance; purposes enumerated.
The City Commission is hereby authorized to borrow money and issue bonds for the
payment therefor for the following purposes:
1. To pay for any public improvement in anticipation of a special assessment
lawfully authorized at or prior to the time such loan is made and to be paid in
installments approximately corresponding to the installments of such
assessments.
Said bonds may be issued at the time of the letting of the contract for the
improvement, if the work is to be done by contract, or upon the estimated cost of
the improvement on the determination by the City Commission that the work shall
not be done by contract. The loan shall not exceed in amount the contract price
or the estimated cost of the improvement after deducting the City's share of such
cost. The City Commission shall pledge the faith and credit of the City for the
payment of such bonds, and the special assessment when collected shall be
placed in a Sinking Fund for their payment.
(As amended May 4, 1922, November 5, 1946, and November 7, 1950)
[2.] To pay the City's share for the cost of water mains, street and sewer
improvements, not to exceed the sum of $50,000.00 in any one year, but no sum
shall be borrowed for such purpose in excess of seventy-five percent of the cost
of such improvement nor for a longer time than ten years, and the bonds issued
therefor shall be paid at maturity.
3. For emergency purposes in accordance with the provisions of the Home Rule Act
of the State of Michigan [MCL 117.1 et seq.].
4. For the renewal of bonds falling due from time to time the payment of which at
maturity is not required by this Charter or by the laws of the State of Michigan.
5. To pay any judgment or decree that shall have been rendered against the City for
payment of which there are no available funds.
6. To defray the expenses of the City from July first, 1920, to December thirty-first
following, if the amount levied on the tax roll of the City for 1919, together with
the receipts from all other sources shall not be sufficient for that purpose and to
pay the existing indebtedness of the City for the payment of which no provision
has been made, not exceeding, however, the sum of $350,000.00.
25
Section 3. Bonds, issuance; submission to electors.
The City Commission may borrow money and issue bonds therefor for public purposes,
not however, including current City expenses, whenever authorized so to do by a three-fifths
vote of the electors of the City cast at an election wherein the matter of issuing such bonds is
lawfully submitted.
Section 4. Total bonded indebtedness, restriction.
The total amount of bonded indebtedness of the City shall at no time exceed ten percent
of the value of the assessable property in the City as shown by the tax roll for the preceding
year.
State law reference(s)--Limitation on net bonded indebtedness, MCL 117.4a(2).
Section 5. Bonds; sinking fund required, exception.
The City Commission shall make provision for a sinking fund with which to pay at
maturity all bonds issued by the City except serial bonds which fall due annually.
State law reference(s)--Sinking fund required, MCL 117.5(g).
Section 6. Bonds; terms, forms.
All details as to the terms and form of bonds and the issue thereof shall be determined
by the City Commission.
26
CHAPTER X. CLAIMS
Section 1. Damages, claims; affidavit required, contents.
No claims against the City for damages growing out of negligence or default of the City
or any officer or employee thereof shall be allowed unless it shall be accompanied with an
affidavit of the person sustaining the damage or of someone in his behalf having knowledge of
the facts, stating the time and place at which and the cause and manner in which such damage
was sustained, the facts connected therewith and the witnesses, if any, present when the
damages or injuries were received or sustained and in all claims for damage in consequence of
any personal injury such affidavit shall also state the name of the attending physician, the
amount of money paid for medical attendance, the loss of time and the value thereof, the extent
of injury received, and the amount of compensation claimed for such damage or injury.
Annotation--The former Charter of the City contained a provision similar to the first paragraph
of the above section. Plaintiff, who did not file the claim within six months, sued the City for
damages resulting from personal injuries received or a defective sidewalk. It was urged that the
requirement for filing a claim did not apply because the plaintiff was an infant at the time and
also because the term "damages," as used in the Charter, did not refer to damages for personal
injuries. It was held that the Charter provision applied to infants, as well as adults, and to claims
for personal injuries. and that the plaintiff's claim was barred. See Davidson v. City of
Muskegon, 69 N.W. 670 (1897).
Editor's note--The above section is superseded by MCL 691.1401 et seq.
Section 2. Claims; filing required, time; fires, destruction of buildings.
All claims for damages against the City growing out of the negligence or default of the
City or any officer or employee thereof, shall be filed with the City Clerk within six months after
such damage shall have been sustained or injury received, and in default thereof shall be
forever barred.
All claims for damages against the City occasioned by reason of the destruction of any
building for the purpose of arresting any fire shall be filed with the City Clerk within six months
after the destruction of such building and the Commission in its discretion may make such
compensation thereof as it may deem just, but no compensation shall be paid for a loss which
would probably have occurred to such building if it had not been destroyed.
State law reference(s)--Filing notice for claim based on defective highway, MCL 691.1404;
filing notice for claim based on dangerous public buildings, MCL 691.1406.
Section 3. Claims, requisites; city liability.
In any action in any court on any claim whatsoever, the claimant shall be required to
show that such claim has been duly presented in the manner hereinabove provided to the City
Commission for audit, investigation and allowance, and that the Commission has had
reasonable time to investigate and pass upon it before the bringing of such action. In case,
however, there shall be any defect in the claim presented the City shall be deemed to have
waived the same unless the Commission shall cause notice thereof to be given to the claimant
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within thirty days after the claim is filed. If the claim shall have been filed in due time the
claimant shall have ten days after receiving notice in which to correct the defect even if the time
would then otherwise have expired.
State law reference(s)--Filing notice for claim based on defective highway, MCL 691.1404;
filing notice for claim based on dangerous public buildings, MCL 691.1406.
Section 4. Public ways, defects; liability; notice required.
The City shall not be liable to any person for injury received by the individual or the
individual’s property in consequence of any sidewalk or crosswalk in the City not being kept
clear of snow and ice, nor shall the City be liable to any person for injury received by and
individual or the individual’s property by any defect in or on any sidewalk, crosswalk or street,
unless it shall be shown that the defect occasioning the injury had existed thirty days prior to the
injury, or unless the City had had actual notice of the existence of said defect at least five days
before the injury occasioned thereby was received.
Editor's note--The above section is superseded by MCL 691.1403.
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CHAPTER XI. TAXATION*
__________
*State law reference(s)--Mandatory requirement that Charter provide for levy, collection and
return of state, county and school taxes in conformity with the general laws of the state, MCL
117.3(i).
__________
Section 1. Taxation; state law.
All the provisions of the General Tax Law of the State of Michigan except as herein
otherwise provided, shall apply to and control the assessment of property and the collection of
taxes in the City of Muskegon and the taxing officers of the City shall have the same powers
and shall be subject to the same duties as like officers under that law. The City Clerk, City
Assessor and City Treasurer shall take notice of said law and comply therewith.
State law reference(s)--The General Property Tax Act, MCL 211.1 et seq.
Section 2. Board of review; composition, sessions; regulations.
The composition of the Board of Review, schedule of meetings, the purpose of the
Board of Review and order of proceedings shall be as specified in Michigan general property tax
act.
State law reference(s)--Meetings of board of review, MCL 211.30; completion of review of
assessments, MCL 211.30a.
Section 3. Same; meetings, notice required.
The City Clerk shall give notice to the public of the time and place of meeting of the
Board of Review by publication in at least one newspaper published and circulated in the City at
least six days immediately preceding such meeting and also by posting three copies of such
notice in each voting precinct in the City.
Section 4. Annual appropriation resolution; delivery to Assessor.
On or before the date necessary in order to levy the City’s and the Board of Education’s
millage, in each year, the City Clerk shall make and deliver to the Assessor a certified copy of
the annual appropriation resolution and of the statement of school taxes as prepared by the
Board of Education of the public schools of the City of Muskegon filed in the City Clerk’s office.
Section 5. Taxes; interest, sinking fund; assessor, duty.
The Assessor in assessing the taxes shall place in a separate column those included in
the interest and sinking fund.
Section 6. Taxes, due date; collection fees.
Collection fees, penalties and interest on taxes shall be collected by the City Treasurer
29
in accordance with the provisions of state law.
(As amended November 8, 1994, § 2)
State law reference(s)--Tax collections, MCL 211.44 et seq.
30
CHAPTER XII. PUBLIC WORKS AND IMPROVEMENTS
Section 1. Public improvements; authority, state law.
The right to make public improvements and public works for municipal purpose and to
acquire lands therefor either within or without the City, by gift, purchase or condemnation, shall
be exercised by the City Commission subject only to the limitations of the laws of the State and
of this Charter.
State law reference(s)--Permissible charter provisions, MCL 117.4e.
Section 2. Same; costs payable from the public funds.
The cost of all public improvements that benefit the City as a whole, and the cost of
paving or improving street and alley intersections and such portion of the cost of the
construction of water mains, main or lateral sewers, as the City Commission may determine to
be just shall be defrayed from public funds.
Section 3. Same; costs, special assessments.
If, in the judgment of the City Commission, any such improvement made by it shall
confer special benefit on any property in addition to that conferred on the City as a whole, such
part of the cost thereof as the City Commission shall consider just shall be levied as a special
assessment against such property.
State law reference(s)--Permissible charter provisions, MCL 117.4d(1)(a).
Section 4. Public ways; control, etc.; city authority.
The City shall have the power to use, control and regulate the streets, alleys and public
grounds of the City and the spaces above and below the same, subject only to the laws of the
State and limitations of this Charter, but no use thereof shall be granted that shall be exclusive
or inconsistent with the public interests.
Section 5. Streets, paving; prerequisites.
No street shall be paved until all water pipes, sewer pipes and other conduits or
subterranean works necessary or proper for the people along the street shall first have been laid
and the City Commission shall not allow after the laying of any pavement any opening to be
made therein for the purpose of laying or connecting with any such pipes or subterranean
works, but at the time such works or pipes are laid suitable connections shall be installed that
shall extend beyond the pavement.
State law reference(s)--Permissible that charter provide for the control and use of streets,
MCL 117.4h.
Section 6. Public improvements; purchases, contracts, competitive bids.
The City Commission shall have power to make any public works or improvement by the
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employment of necessary labor and the purchase of necessary supplies and materials, or to do
the same by contract duly let which shall be after competitive bidding in case the cost thereof
shall exceed five hundred dollars.
Section 7. City jurisdiction, boundaries.
The jurisdiction of the City for all municipal purposes shall extend over the waters of
Muskegon Lake and River within its boundaries and over the waters of Lake Michigan adjoining
the City for a distance of two miles from shore, and all process issued from any of the City
Courts may be served within said limits.
Section 8. Plats; lands, sale; restriction.
The City Commission shall have power to approve all plats of land within the City
whether private or public and to prohibit and prevent the sale of lots by use of plats in which the
streets therein contained shall not conform in width and location to the streets of the City in that
locality.
State law reference(s)--Land Division Act, MCL 560.101 et seq.
Section 9. Public utilities; acquisition, authority.
The City shall have the power to acquire by construction, purchase or condemnation,
public utilities of all kinds and to operate and maintain the same.
State law reference(s)--Authority to establish and operate public utilities, MCL 117.4e.
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CHAPTER XIII. SPECIAL ASSESSMENTS
Section 1. Charter provisions applicable.
Special assessments shall be made in accordance with the provisions of this chapter.
Section 2. Special assessments; intention, notice required, contents.
The City Commission shall give notice of its intention to make a special assessment by
publication in one or more papers published and circulated in the City of Muskegon, which
notice shall contain:
1. A description of the improvement for the payment of which the assessment is to
be made.
2. A description of the district on which the assessment is to be made.
3. The portion of the cost to be paid by special assessment.
4. A statement that plans of the improvement and estimates of the cost are on file in
the office of the Clerk and subject to examination.
5. The time and place where the Commission will meet to hear objections to the
making of the improvement and the levying of the assessment.
Section 3. Same; hearing; objections, regulations.
If at or prior to the hearing the owners of more than one half of the property to be
assessed shall object thereto in writing, the improvement shall not be made unless the
Commission shall determine by the affirmative vote of all its members that the safety or health
of the public necessitates the improvement, in which case it may be made.
State law reference(s)--Power relative to special assessments, MCL 117.4a, 117.4b, 117.4d,
117.5(e).
Section 4. Special assessment roll; omissions; City Assessor, authority.
If any lot or parcel of land shall for any reason have been omitted from the said roll or
exempted or partially exempted thereon, it shall nevertheless be subject to such special
assessment and the City Assessor shall place on the special assessment roll a fair valuation
thereof corresponding to the values of other property in the special assessment district and such
valuation shall be used for the purpose of such special assessment.
(As amended November 7, 1950)
Section 5. Special assessments; costs, determination.
In determining the amount of the special assessment the cost of such improvement shall
include the cost of everything pertaining thereto and to the making of the assessment.
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Section 6. Same; levy, prerequisites.
No special assessment shall be levied before the letting of the contract for the
improvement, if the work is to be done by contract, or the determination by the Commission that
it shall not be done by contract.
Section 7. Assessments according to frontage or benefits.
Special assessments may be made according to frontage or benefits as the Commission
shall determine. When made according to frontage they shall be made by the City Assessor.
When made according to benefits they shall be made by a board of three members, one of
whom shall be the City Assessor and the other two shall be members of the Commission
designated by the Commission.
Section 8. Resolution required; contents.
The Commission shall order a special assessment by resolution which shall determine
whether it is to be made by frontage or benefits, shall designate the several lots or premises to
be assessed, the amount of the assessment and the number and amount of installments, if it is
to be paid in installments.
Section 9. Assessments, frontage or benefits; regulations.
If the assessment is to be made according to frontage, each lot or parcel of land shall be
assessed such relative portion of the whole amount to be levied as the frontage of such lot or
parcel on the improvement bears to the whole frontage of all the lots or parcels to be assessed,
provided, if by reason of the shape or size of any parcel such assessment may be inequitable
the relative frontage may be changed to meet such condition. If the assessment is to be made
according to benefits, each lot or parcel shall be assessed such relative portion of the whole
sum to be levied as shall be proportionate to the benefits of such lot or parcel from the
improvement.
Section 10. Special assessment roll; contents.
The special assessment roll shall contain an accurate description of each parcel of land
in the special assessment district, the frontage on the improvement if the assessment is to be
made according to frontage, the valuation of the parcel as shown by the last preceding
assessment roll, or as determined by the Assessor as the case may be, and the amount of the
special assessment chargeable against each parcel.
(As amended November 7, 1950)
Section 11. Same; review, notice required.
The Assessor or Board of Assessors, as the case may be, shall attach to such special
assessment roll a certificate showing the action taken by the Assessor of Board of Assessors,
and shall thereupon file the roll with the Clerk who shall give notice of the time and place when
the Commission shall review said roll and hear objections thereto, by publishing such notice for
at least two successive weeks in one or more papers published and circulated in the City of
Muskegon.
Editor's note--The notice provisions in the above section are superseded by MCL 211.741 et
34
seq.
Section 12. Special assessment roll; review, confirmation.
At the time appointed or at some adjourned meeting the Commission shall review the roll
and shall hear and consider all objection thereto, whether written or oral. The Commission may
make any correction necessary or just or may refer the roll back to the Assessor or Board of
Assessors with directions to correct the same or to make a new roll as conditions may require. If
the roll shall be approved, the Commission shall pass a resolution confirming the same and the
Clerk shall endorse thereon a certificate showing the confirmation and the date thereof.
Section 13. Same; lien on premises.
Special assessment shall from the date of confirmation thereof constitute a lien on the
respective lots or parcels of land assessed and shall be a charge against the owner thereof until
paid.
Section 14. Special assessment roll; mayor's warrant; due date, interest.
Upon the confirmation of such roll the Mayor shall endorse thereon or attach thereto a
warrant bearing date the day of confirmation, commanding the City Treasurer to collect the
several sums thereon assessed. On all special assessments unpaid more than sixty days after
the date of confirmation the City Treasurer shall collect interest from the expiration of said
period at the rate of five percent per annum. The warrant shall remain in full force and effect
until the special assessment is paid or until it shall be levied on the general tax roll of the City as
herein provided.
Section 15. Assessed premises; apportionment.
In case there shall be a change in ownership of a portion of any of the lots or parcels
described on said roll, the Treasurer may divide such portion and allow each portion to be paid
by itself. In case of assessment by frontage the division shall be made in proportion to the
number of feet frontage. In case of assessment by benefits it shall be made in proportion to the
area of the respective portions.
Section 16. City Treasurer duties.
Upon receiving any special assessment roll and warrant, the City Treasurer shall
proceed to collect the amounts assessed thereon and the interest, if interest is payable.
Section 17. Unpaid special assessments; interest; City Treasurer, duties.
Between the first and fifteenth days of October in each year, the City Treasurer shall
make return duly certified by the City Treasurer of all special assessments or installments
thereof then in the City Treasurer’s hands which are due and have remained unpaid and shall
add thereto interest at the rate of five percent per annum from the confirmation of the roll to the
first day of December following, and the City Assessor shall levy and assess the same on the
general assessment roll for that year in a separate column headed "Special Assessments."
Section 18. Invalid, defective assessments; reassessment authorized.
35
Whenever the Commission shall deem any special assessment invalid or defective for
any reason whatever, or if any court of competent jurisdiction shall have adjudged such
assessment to be illegal for any reason whatever, the Commission shall have power to cause a
new assessment to be made for the same purpose for which the former assessment was made,
whether the improvement or any part thereof has been made or not, and whether any part of the
assessment has been paid or not. All proceedings on such reassessment and for the collection
thereof shall be made in the same manner as provided for the original assessment. If any
portion of the original assessment shall have been paid and not refunded, it shall be applied
upon the reassessment and the reassessment shall to that extent be deemed satisfied. If more
than the amount reassessed shall have been paid, the balance shall be refunded to the person
making such payment.
Section 19. Same; court determination, restriction.
No special assessment shall be held invalid by any court by reason of the failure of the
Commission to take any of the steps herein prescribed before the assessment is ordered,
provided the notice of hearing prescribed in section two of this chapter shall have been given
and the hearing actually had, and no objections on the ground of such failure shall have been
made; nor shall any such special assessment be held invalid by reason of any default of the City
or its officers in the making of said assessment provided the notice of the confirmation of the
assessment roll shall have been given and the hearing thereof had and such objections shall
not have been raised or urged on such hearing.
Section 20. Unpaid assessments; action in assumpsit authorized.
At any time after any special assessment has become due and payable the same may
be collected by suit in the name of the city against the person assessed in an action of
assumpsit in any court having jurisdiction of the amount. In every such action a declaration upon
the common counts for money paid shall be sufficient. The special assessment roll and the
certificate of the confirmation thereof endorsed thereon and the warrant for the collection thereof
shall be evidence of the regularity of all the proceedings in making the assessment, and of the
right of the City to recover judgment therefor.
State law reference(s)--Authority for an action in assumpsit to recover unpaid assessments,
MCL 211.501 et seq.
Section 21. Same; assumpsit, defense, limitation.
If in such action it shall appear that by reason of any irregularity or informality the
assessment has not been properly made against the defendant or the lot or premises sought to
be charged the court nevertheless on proof that the expense has been incurred by the City
which is a proper charge against the defendant or the lot or premises in question, shall render
judgment for the amount properly chargeable against such defendant or upon such lot or
premises.
Section 22. Judgments, decrees; lien, impairment.
No judgment or decree or any act of the Commission vacating a special assessment
shall destroy or impair the lien of the City upon the premises assessed for such amount of the
assessment as may be equitably charged against the same or by a regular mode of proceeding
might have been lawfully assessed thereon, nor shall the bringing of any suit by the City for
36
such assessment be deemed a waiver of such lien nor of the right to enforce the same.
Section 23. Land, particular parcel; assessment authorized.
Whenever the Commission shall direct the construction or repair of any work whereby a
particular piece or parcel of land shall be benefited, or the abatement of any nuisance on any
such piece or parcel of land and by reason of default of the owner or occupant of such parcel in
performance thereof, the same has been done by the City, the expense thereof shall be a lien
on such premises and may be assessed as a special assessment on the general assessment
roll of the City.
Section 24. Same; notice required, regulations.
Before any such work or act shall be ordered the Commission shall give to the parties
interested a notice of not less than fourteen days of the time when they may be heard
concerning the same. Such notice shall be in writing and may be served personally or by
registered mail. If the residence of the owner of a premises to be affected shall not be known,
service may be made by publication in one of the newspapers of this City not less than three
times. In case of abatement of nuisances or other work requiring prompt action, such notice
may be of reasonable length as the conditions may require and as the Commission shall
determine.
Editor's note--The notice provisions in the above section are superseded by MCL 211.741 et
seq.
Section 25. Same; costs, computation; due date, interest.
The cost of such work shall include the cost of publication, if any, and all other expenses
incident thereto, and as soon as the same is ascertained the Clerk shall certify the amount
thereof to the Treasurer, giving the name of the person liable therefor and a description of the
premises chargeable therewith. The Treasurer shall thereupon give notice to the person named
of the amount thereof, personally or by registered mail, and that the same may be paid at the
Treasurer’s office within thirty days thereafter without additional cost. If the same shall remain
unpaid after that time the Treasurer shall charge interest at the rate of six percent per annum
from the date of notice.
Section 26. Appeals; time, hearing; commission authority.
Any person interested in such assessment may appeal to the Commission from such
determination at any time within twenty days after the service of notice by the Treasurer and
may petition for hearing on the same. On receipt of such petition the Commission shall appoint
a time for hearing, of which notice shall be given to the petitioner. At the time fixed the
Commission shall hear and consider all objections that may be urged against the assessment
and then or at some subsequent meeting shall act on the same and shall affirm, modify or
cancel such assessment, as the case may require. Such assessment shall then be recertified to
the Treasurer and may be paid without additional charges within thirty days after the
determination by the Commission.
Section 27. Unpaid special assessments; certification to Assessor, levy.
Between the first and fifteenth days of October of each year the treasurer shall certify to
37
the assessor the amount of all such special charges in the Teasurer’s hands that shall have
remained unpaid for the period of thirty days and the Treasurer shall include in said amount
interest thereon from the date the same were certified until the first day of December following,
at the rate of five percent per annum, and the Assessor shall levy the same on the general tax
roll in a column headed "Special Assessments" against the person or property to be charged
therewith. No special assessment shall be declared and held to be invalid by reason of any
defect or default in the proceeding herein prescribed provided the notice of hearing provided for
in section twenty-four has been given or provided that the person whose duty it was to do such
work had notice or knowledge that the same was being done by the City of Muskegon and did
not make objections thereto before the completion of the same.
Section 28. Railroads; land subject to special assessments.
The lands and premises of railroad corporations within the City of Muskegon, regardless
of the use which may be made thereof, shall be subject to special assessments as in this
chapter provided, the same as the lands and premises of other individuals or corporations, and
the owners or lessees in control thereof shall be liable for the payment of such special
assessments the same as are the owners of other lands.
State law reference(s)--Authority to levy special assessments for local improvements against
railroad property, MCL 211.7v.
38
CHAPTER XIV. FRANCHISES FOR PUBLIC UTILITIES AND OTHER FACILITIES
[Section 1. Right and jurisdiction reserved.]
The City reserves the right and jurisdiction provided by the laws of the State of Michigan
for the granting, refusal, administration and revocation by Home Rule Cities of franchises. The
City shall provide by ordinance for the requirements and conditions pursuant to which franchises
may be granted, refused, administered and revoked, concerning public utilities and other
franchisees. Franchises may be granted, refused, administered and revoked pursuant to city
ordinance in accordance with the Constitution and the laws of the State of Michigan.
(As amended November 4, 1997)
39
CHAPTER XV. CIVIL SERVICE*
__________
*Editor's note--This chapter is an amendment adopted November 5, 1936.
State law reference(s)--Charter may provide for a system of civil service for its employees,
MCL 117.4i(h).
__________
Section 1. Board of civil service commissioners; appointment, term, filling vacancies,
compensation.
The Mayor by and with the consent and advice of the City Commission shall appoint
three persons, citizens and residents of said City, who shall constitute and be known as the
board of civil service commissioners of such City, and shall designate one of the persons so
appointed to serve for a term of two years, one for a term of four years and one for a term of six
years from the first day of January in the year of their appointment and until their respective
successors are appointed and qualified. Each alternate year thereafter the Mayor with the
advice and consent of the City Commission shall appoint one person as the successor of the
member whose term shall expire to serve for six years. Any vacancy shall be filled by the Mayor
with the advice and consent of the City Commission for the unexpired term. No member shall
hold any other lucrative office or employment, except notaries public, under the United States,
the State of Michigan, or any municipal corporation or political division thereof, and each
Commissioner shall before entering upon the discharge of the duties of the office and within ten
days after receiving notice of appointment, take and subscribe the oath of office prescribed by
the Constitution of this State, and file the same, duly certified by the officer administering it with
the Clerk of this City. The Commission shall at a meeting in January of each alternate year
following the appointment of the commissioner to be appointed at each alternate year, elect one
member to act as president and one member to act as vice president, each for a term of two
years, and until successor is duly elected. Two commissioners shall constitute a quorum
necessary for the transaction of business. The Mayor with the advice and consent of the City
Commission may remove a commissioner during a term of office only upon stating in writing the
reasons for removal and allowing the Civil Service Commissioner an opportunity to be heard in
public in their own defense and to be represented by counsel at any and all hearings on
proceedings of removal from office. The Commission shall serve without salary.
Section 2. Powers and duties.
The Commission shall classify all the offices of employment; shall make rules for the
examination and selection of persons to fill the offices and positions in the classified service;
shall supervise the administration of the civil service rules, hold examinations thereunder from
time to time, giving due notice thereof, prepare and keep an eligible list of persons passing such
examinations, and certifying the names of persons thereon to appointing officers of the several
departments; shall by itself or otherwise investigate the enforcement of the provisions of this
chapter of the Charter, of its own rules and of the action of appointees in the classified service;
provided however, that the rules made by the Commission and the system in marking
examinations thereunder shall not be changed for a period of thirty days prior to or after such
examinations and such systems of marking shall be published in advance of such examinations
and copies furnished to all applicants. No credit shall be allowed for experience until the
40
applicant taking the examination has at least attained the percentage fixed as the minimum.
Section 3. Classified service; applicants, examination required.
All applicants for office or positions in said classified service, except those otherwise
specified, shall pass an examination. All persons desiring to appear for examination shall file
with the Commission a statement in relation to their name, residence and post office address;
their citizenship; their age, place of birth, health and physical capacity for the public service;
previous employment in the public service; business or employment and residence for the
previous five years and their education.
Section 4. Eligible lists, grades; leaves, transfers, resignations.
From the returns of the examinations held by the Commission, it shall prepare an eligible
list for each grade or class of position in the competitive classified service of the City. The
Commission shall strike off the names of candidates from the eligible list after they have
remained thereon one year, provided however, that any list may be extended by the
Commission for a period of not exceeding one year. The Commission may upon the written
request of any person who has previously been in the classified service for a continuous period
of not less than three years grant upon request to such person a leave of absence to engage in
other work of a governmental nature or character provided that the reasons for the requesting
and granting of such leave of absence are at the time of such request and permission made a
part of the minutes of the proceedings of the Commission. The Commission may grant leaves of
absence for reasons of health or for service in defense of country and upon the expiration of the
term of leave as fixed by the Commission or extended by it upon further application for an
extension, reinstate said person in the service in the same kind and grade of work the person
was performing at the time of their request for leave of absence. The Commission may upon
written request of any person who has previously been in the classified service for a continuous
period of not less than three years and who shall not have been out of the service for more than
one year, and who shall have resigned from the service in good standing, reinstate said person
in the service by placing the person at the foot of the eligible list applicable to such kind and
grade of service.
Section 5. Filling positions, procedure.
The head of any department in which a position is to be filled shall notify the commission
of that fact and in the event the position is to be filled by promotion from one grade of service to
another, then the commission shall certify to the appointing officer the name and address of all
employees seeking the promotion who meet the minimum qualification, but in the event that the
position to be filled is one for which no employee may promote to the position then the
commission shall certify to the appointing officer the names and addresses of all applicants
meeting the minimum qualifications. At or before the expiration of the period of probation the
head of the department or office in which a candidate is employed may, with the consent of said
commission, based upon the written reasons submitted to it, discharge the person, or the
commission may transfer the person to another department with the consent of the head of such
department, but if not discharged prior to the expiration of the period of probation, as hereinafter
fixed, the person’s appointment shall be deemed completed.
.
41
Annotation--Employees of the fire department brought an action for a declaratory judgment
for construction of the provisions of the Charter concerning the eligible list and the effect of
promotion of the person standing highest on the list. The civil service commission argued that,
after the top person on the list has been promoted, the list can serve no further purpose. The
plaintiffs argued that, after the top person is promoted, the list is still viable and the person next
in line moves up to the priority position. The Supreme Court of Michigan adopted the latter
argument as being "the clear intent" of the Charter and affirmed a decree for the plaintiff
firemen. See Caswell v. Board of Civil Service Commission of Muskegon, 25 N.W. 2d 178
(1946).
Section 6. Promotions; regulations authorized.
The Commission shall provide the rules for promotion to all offices in the classified
service, based upon merit, efficiency, character, conduct and seniority.
Section 7. Appointive officers; civil service regulations inapplicable.
The following officers and employees shall not be affected by the provisions of the civil
service: Officers appointed by the City Commission; directors of the several City departments as
in this Charter defined.
Section 8. Temporary appointments; procedure.
To prevent the delay of special business or to meet extraordinary exigencies, the
appointing officer of each department with the approval of the Civil Service Commission, may
make temporary appointments to remain in force not exceeding sixty days, and only until legal
appointments under the provisions of this chapter can be made, provided, however, that no
person who does not possess the minimum requirements for such position as may be
prescribed by the rules of the Civil Service Commission shall be permitted to serve in such
temporary positions. No person shall receive more than one temporary appointment in any one
fiscal year. In case of an emergency or in the event of the necessity for filling such positions
created by an emergency, an appointment may be made of not to exceed thirty days duration,
which appointment shall be immediately reported to the Civil Service Commission.
An appointment or promotion shall not be deemed complete until a period of probation of
not to exceed six months has elapsed and a probationer may be discharged or reduced at any
time within said period of probation upon written recommendation of the department head with
the advice and consent of the Civil Service Commission.
If at any time it shall be deemed necessary by the Municipal Government or any division
thereof to reduce the personnel of any department such reduction shall be had by suspending in
numerical order, commencing with the probationers, if any, then the last appointee and
continuing until such reduction in personnel as may be required by the particular exigencies of
the time, shall have been made. Any increase of personnel of such department to the status or
number existing prior to said reduction shall be by reinstating the last employee so suspended
and continuing in numerical order until all such reinstatements shall have been made.
Section 9. Classified service, unclassified service; composition.
The Civil Service of the City is hereby divided into classified and unclassified service.
The unclassified service shall include the several officers and positions hereinbefore described
to be excepted from the provisions of this chapter. The classified service shall comprise all
42
positions not specifically included in this Charter in the unclassified service. There shall be in the
classified service three classes to be known as the competitive class, noncompetitive class and
labor class. The competitive class shall include all positions and employment for which it is
practical to determine the merit of applicants by competitive examination. The noncompetitive
class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific,
managerial, professional or educational character as may be determined by the rules of the Civil
Service Commission. The labor class shall include ordinary unskilled labor.
Section 10. Classified service; discharge, suspension, reduction in rank, compensation;
hearing required.
No employee under the classified service shall be discharged or reduced in rank or
compensation until the employee has been presented with the reasons for such discharge or
reduction specifically stated in writing, and has been given an opportunity to be heard in their
own defense and any counsel retained by the employee may present the employee’s cause to
the Civil Service Commission. The reasons for such discharge or reduction and any report in
writing thereunder by such employee shall be filed with the Civil Service Commission. Any
employee of any department in the classified service who is suspended, reduced in rank or
dismissed, may appeal to the Civil Service Commission which shall designate the manner, time
and place by and at which such appeal shall be heard. All hearings before the said Civil Service
Commission shall at all times be open to the public. In the event that the Civil Service
Commission shall not sustain the charges made against such employee, the said employee
shall thereupon be entitled to resume his position and to receive compensation for the time lost.
Section 11. Civil Service Commission; members; gifts, compensation, etc.; prohibited.
No member of the Civil Service Commission shall receive any money or other valuable
consideration from any candidate for appointment, for examination or from any other person for
or on account of said candidate, nor shall any officer or employee of the City be permitted to
give either directly or indirectly to any person any money or other valuable consideration
whatsoever for, or on account of his promotion.
Section 12. Personnel director; appointment authorized; compensation, restriction.
The Civil Service Commission may appoint a personnel director who shall act and serve
under the direction of said Commission and at the pleasure of such Commission, and such
personnel director may be an employee in the municipal service. The salary of such personnel
director, if taken from other than a municipal service, shall be fixed by the Commission, but if
taken from the municipal service, shall fill the duties of personnel director without other
compensation than that paid in their other employment.
Section 13. Present employees; appointments, eligibility; examinations waived.
All persons in the employ of the City holding positions in the classified service at the time
of the going into effect of the Charter as such services are defined by this Chapter of the
Charter, are hereby declared eligible for permanent appointment without examination or other
act on their part.
Section 14. Political, religious, etc., beliefs; discrimination prohibited.
No discrimination shall be exercised, threatened or promised to any person coming
43
under the provisions of this chapter of the Charter because of their political or religious opinions,
beliefs or affiliations.
Section 15. Department payrolls; delivery to Commission.
The Commission shall be furnished by each department under its jurisdiction with a copy
in duplicate of each payroll on the day designated by the Commission, and the Commission
shall examine such copies to determine if all the names and no other names are on said payroll
than those on the active list and that they have been properly certified by the Commission.
Section 16. City Commission; civil service, maintenance; annual appropriation required.
The City Commission shall appropriate each year a sufficient sum to carry out the
several provisions of the chapter of the Charter.
Section 17. Conflicting provisions repealed.
Any provisions of any chapter or section thereof of the Charter of the City of Muskegon
which may be found to be in conflict with any of the provisions of this chapter and the several
sections thereof or inconsistent therewith are hereby repealed.
44
CHAPTER XVI. RETIREMENT SYSTEM FOR THE EMPLOYEES OF THE CITY OF
MUSKEGON EXCLUSIVE OF POLICEMEN, FIREMEN, ET AL*
__________
*Editor's note--This chapter is an amendment adopted November 5, 1946, as amended
August 7, 1975.
__________
Section 1. Employee retirement system to be provided by ordinance.
A complete retirement system shall be provided for the employees of the City of
Muskegon, exclusive of policemen and firemen, by general ordinance. The benefits applicable
to the members of the Charter Retirement System at the time of the adoption of this Charter
amendment shall not be diminished by the Ordinance retirement system.
Section 2. Administration board of trustees.
The retirement system shall be administered by a board of trustees consisting of:
(1) Two members of the City Commission to be selected by the Commission, to
serve at the pleasure of the Commission.
(2) The City Manager by virtue of his office.
(3) A citizen who is an elector of the City, to be appointed by the Mayor with consent
of the City Commission.
(4) Three members of the retirement system to be elected by the members of the
system under such rules and regulations as the board of trustees shall from time
to time adopt, provided that no more than one such trustee shall be from any one
city department.
Section 3. Effective date.
The effective date of this Charter amendment shall be January 1, 1976, but Chapter XVI
of the Charter as it existed at the time of the adoption of this amendment shall continue in full
force and effect until the enactment by the City Commission, and the taking effect of the
ordinance provided for in Section 1 hereof.
Section 4. Repeal of former Sections 5 to 38 and conflicting provisions.
Sections 5 to 38, both inclusive, of Chapter XVI of the Charter of the City of Muskegon
are hereby repealed. All provisions of the Charter inconsistent with the provisions of this Charter
amendment are hereby repealed to the extent of such inconsistency. The adoption of this
Charter amendment shall not be construed as reenacting any Charter provisions heretofore
repealed by said Chapter XVI.
Sections 5--38. Reserved.
45
Section 39. Amendment; effective date.
The 1956 amendments to Chapter XVI (sections one through thirty-nine) of the City
Charter shall become effective as of the social security date.
CHAPTER XVII. MISCELLANEOUS
Section 1. Trades, occupations, amusements; regulations, licenses, expiration date.
The City Commission may regulate and license trades, occupations and amusements
within the City boundaries and prescribe the terms and conditions of such licenses, but every
license shall terminate on or before May first after it is granted.
State law reference(s)--Authority to regulate trades and business, MCL 117.4i(d).
Section 1a. Employees; life, health, accident benefits.
The City Commission shall be authorized to provide group life, health and accident
and/or hospitalization insurance, including surgical and medical expense and dependent
coverage, for City employees, either with or without participation in the cost thereof by said
employees, and to appropriate the necessary funds therefor.
(As amended November 4, 1952)
State law reference(s)--Authority to provide employee accident and death benefits, MCL
117.4i(h).
Section 2. Streets, alleys; plan.
It may make a plan of streets and alleys within its limits and for a distance of three miles
beyond and require all streets and alleys laid out and dedicated to the public within the territory
covered by such plan to correspond therewith.
State law reference(s)--Authority to make a plan for streets and alleys, MCL 117.4h.
Section 3. Zoning.
It may prescribe by ordinance districts within the City which shall be used only for
residence purposes and residence districts within which a limited amount of business to be fixed
by the ordinance may be allowed and districts within which business, trades and occupations
may be carried on, and make reasonable regulations concerning the same.
State law reference(s)--Authority to provide for zoning districts, MCL 117.4i(c).
Section 4. Buildings; construction, repair; building lines.
It may regulate the construction and repair of buildings within the City and establish
building lines.
Section 5. Real estate taxes; indigent persons; payment, requisites.
It may pay the real estate taxes of any person who in the judgment of the Commission is
too poor to pay the same, but in all cases where the Commission shall pay such taxes it shall
46
take and retain a mortgage lien upon the land against which the taxes are assessed, the form of
which shall be determined by the City Attorney, and which shall take precedence over all
subsequent transfers or incumbrances and shall be recorded and enforced as other mortgages.
Section 6. Employees, contractors; working hours; ordinance authorized.
Eight hours per day (forty-eight hours per week) shall constitute the regular working time
for all persons engaged in work for or sublet by the City and every contract involving the hiring
of help to be employed on City work shall contain a provision so fixing the hours of employees
engaged on work for which such contract provides, provided however, that this section shall not
apply to City officers nor boards and that the City Commission may by ordinance fix the working
time of the City's clerical force and the members of the fire department.
Section 7. City litigation; bonds, not required.
In case the City shall take an appeal in any court or shall cause a writ of error to be
issued in its behalf in any suit brought by or against the City it shall not be necessary in order to
perfect such appeal or to stay proceedings upon any judgment or decree for the City to execute
any bond or other undertaking.
Section 8. City council; continuance in office; successors.
The existing council at the time this Charter takes effect shall continue in the
administration of the City's affairs under the prior Charter until the first day of January, 1920,
and the then existing officers and employees of the City shall continue to perform the duties of
their respective positions until their successors are chosen and qualified.
Section 9. Initial election under Charter, requisites.
The Council in office at the time of the adoption of this Charter shall make all necessary
arrangements in accordance with the provisions hereof for the first election under its provisions
which shall be held on the fourth day of November, A.D., 1919, and shall appoint temporary
inspectors of registration and election therefor and shall meet and canvass the votes cast at
such election in place of the board of election commissioners and shall do everything in that
regard prescribed by this Charter to be done by such election commissioners or the City
Commission; provided, however, that the ballots shall be prepared by the City Recorder.
Section 10. Previous Charter; superseded by this Charter; saving clause.
This Charter shall supersede the existing Charter of said City but all rights and rights of
action now existing, all suits in course of prosecution for or against the City under the former act
of incorporation shall remain unimpaired and all taxes levied and uncollected shall be collected
the same as if this Charter had not been adopted and in case the course of proceeding provide
for in this Charter shall differ from that in the one which it supersedes, either method may be
followed, it being the intention that no rights of any name or nature in existence at the time of
the adoption of this Charter shall be lost or jeopardized.
CHAPTER XVIII. RESERVED*
__________
*Editor's note--This chapter was adopted April 1, 1935, and amended November 6, 1956, and
47
related to the municipal court. It has been omitted, since such courts have been abolished by
MCL 600.9921.
48
__________
CHAPTER XIX. POLICEMEN AND FIREMEN RETIREMENT SYSTEM*
__________
*Editor's note--This chapter was adopted November 7, 1944, and originally set out the
retirement system in detail. The amendment of August 7, 1973, amended the chapter to read as
set out herein.
__________
Section 1. To be established by ordinance; existing benefits not to be diminished.
A complete retirement system shall be provided for policemen and firemen of the City of
Muskegon, by general ordinance. The benefits applicable to the members of the Charter
Retirement System at the time of the adoption of this Charter Amendment shall not be
diminished by the Ordinance Retirement System.
(As amended August 7, 1973)
Section 2. Repealer.
Sections two to forty-five, both inclusive of chapter XIX of the Charter of the City of
Muskegon are hereby repealed. All provisions of the Charter inconsistent with the provisions of
this Charter Amendment are hereby repealed to the extent of such inconsistency. The adoption
of this Charter Amendment shall not be construed as reenacting any Charter provisions
heretofore repealed by said chapter XIX.
(As amended August 7, 1973)
Section 3. Effective date; continuation of existing system until ordinance adopted.
The effective date of this Charter Amendment shall be January 1, 1974, but chapter XIX
of the Charter as it existed at the time of the adoption of this Amendment shall continue in full
force and effect until the enactment by the City Commission, and the taking effect of the
Ordinance provided for in section one hereof.
(As amended August 7, 1973)
CHAPTER XX. CHARTER PARK LANDS
[Section 1. Establishment.]
The City Commission may establish, by resolutions from time to time, on lands in the city
owned by it in fee simple, parks and park land, to be called Charter Parks. A resolution
establishing such Charter Park or Parks shall contain the complete legal description of the land
to be included, and shall refer to the City Charter as constituting the authority for such
establishment. Upon the final adoption of such resolution it shall be certified and recorded at the
Register of Deeds, in addition to any other required public notice. Thereafter, land established
by any such resolution as a Charter Park shall not be sold, mortgaged, transferred or conveyed
by the City except with the approval of the majority of the electors voting at an election held in
49
the City. The establishment of a Charter Park by this method shall be irrevocable. The City
Commission may in its discretion prescribe that public notice shall be given, and direct the form
thereof, before consideration of any such resolution. This provision shall not prevent other lands
from being city parks or park land.
(Added August 4, 1998)
50
CHARTER COMPARATIVE TABLE
This table shows the location of the amendments to the basic charter.
TABLE INSET:
Referendum Section Disposition
Date this Charter
Chapter/Section
5- 8-1920 VIII/3
9-11-1934 VIII/3
4- 1-1935 III/1
XVIII
11- 7-1944 XIX
11- 5-1946 XVI/1--4
4- 7-1947 II/5, 15
11- 7-1950 XIII/4, 10
11- 6-1956 XVIII
11- 3-1964 III/4
8- 7-1973 XIX/1--3
8- 7-1975 XVI/1--4
11- 2-1982 1 I/4
2 II/8
3 III/1, 3
11- 8-1994 1 III/1, 2, 5
2 XI/6
11- 4-1997 XIV
8- 4-1998 XX
11- 2-1999 III/10
2-22-2000 VII/19
11-2-2004 VIII/3
11-3-2009 VIII/1, 3
XI/2, 4
11-5-19 XV,5
51
PREAMBLE
The People of the City of Muskegon, acting in accordance with the "Home Rule Act" of
the State of Michigan, do adopt the following Revised Charter:
CHAPTER I. INCORPORATION; BOUNDARIES AND GENERAL POWERS
Section 1. Body politic, etc.; official name.
The inhabitants of the City shall be a body politic and corporate under the name of the
City of Muskegon and in that name the City shall hold the title to all its property and conduct all
its affairs.
Section 2. General powers.
The City of Muskegon shall have and exercise all powers pertaining to municipal
corporations and all those granted or recognized by the laws of the State, whether herein
expressly mentioned or not, and the grant of any power herein contained shall not be construed
as excluding any other power, but the City shall be presumed to have all powers necessary or
suitable for the maintenance of good government and for the promotion of the welfare and
happiness of its inhabitants, not forbidden by the constitution and general laws of the state.
State law reference(s)--Permissible charter provisions, MCL 117.4j(3); general limitations on
powers of city, MCL 117.5.
Section 3. Reserved.
Editor's note--The city boundaries formerly set out in this section are outdated and therefore
were omitted.
Section 4. Four wards.
The City of Muskegon shall be apportioned into four (4) wards in accordance with law.
(As amended November 2, 1982, § 1)
State law reference(s)--Mandatory requirement that Charter provide for establishment of one
or more wards, MCL 117.3.
Section 5. Voting precincts, boundaries.
The voting precincts of the City shall remain as they are until altered by the City
Commission. The City Commission shall have power to increase or diminish the same and to
change their boundaries as conditions shall demand.
State law reference(s)--Election precincts, MCL 168.654 et seq.
1
CHAPTER II. ELECTIONS*
__________
*State law reference(s)--Elections generally, MCL 168.1 et seq.; mandatory that charter
provide for elections, MCL 117.3(b), (c).
__________
Section 1. Registration, elections; state law.
The general registration and election laws of the State of Michigan, except as herein
otherwise provided, shall apply to and control the registration of electors and the conduct of
elections in the City of Muskegon.
State law reference(s)--Michigan Election Law, MCL 168.1 et seq.; registration of electors,
MCL 168.491 et seq.
Section 2. Electors; qualifications; voting precincts.
The inhabitants of the City having the constitutional qualifications of electors of the State
shall be electors of the City. Each one shall vote in the voting precinct wherein he shall have
lodged for twenty (20) days prior to the date of election.
State law reference(s)--Residence in city as of thirtieth day prior to election required, MCL
168.492.
Section 3. Election inspectors, appointment.
At least thirty (30) days prior to the first election after they enter upon the duties of their
office, the City Commission shall appoint three (3) qualified electors in each voting precinct to
be inspectors of election for such precinct and they shall continue so to act at the will of the City
Commission.
Editor's note--Election inspectors are now appointed by the board of election commissioners
at least 21 but not more than 40 day prior to the election. See MCL 168.674.
Section 4. Board of election commissioners.
Within the time limit in the last preceding section, the City Commission shall appoint
three (3) qualified electors to be a board of election commissioners for the City and they shall
serve in that capacity at the pleasure of the City Commission.
State law reference(s)--Board of city election commissioners, MCL 168.25.
Section 5. Nonpartisan primary required; exception; time.
A nonpartisan City primary election shall be held in each even numbered year upon the
same date that the general State primary election shall be held immediately preceding the
general State November election in that year, if nominating petitions for candidates eligible to be
placed on the ballot to a number greater than twice the number of positions to be filled in any
elective office, shall have been filed with the City Clerk as provided by this Charter.
2
(As amended April 7, 1947)
State law reference(s)--Requirement that Charter provide for the nomination of elective
officers by a primary election, MCL 117.3(c); municipal elections set in an odd year election,
MCL 168.641 et seq.
Section 6. Nonpartisan regular election; time.
A nonpartisan regular City election shall be held on the first Tuesday after the first
Monday of November in each even numbered year.
State law reference(s)--Mandatory that Charter provide for time, manner and means of
holding elections, MCL 117.3(c); odd year elections, MCL 168.641 et seq.
Section 7. Special election; resolution required, contents.
Special elections may be held at such times and places as the City Commission may by
resolution designate, the purpose of which shall be fully set forth in the resolution.
State law reference(s)--Special election date must be approved by a county election
scheduling committee, MCL 168.639.
Section 8. Candidates; petitions; form, signatures.
Candidates for elective office shall be nominated from the City at large, or from their
respective wards, by petition, blanks for which shall be furnished by the City Clerk. Each petition
shall be signed by not less than fifty (50) qualified electors and shall be filed with the City Clerk
at such time as may be provided by law preceding a primary election. Each elector signing shall
add his residential street and number and date of signature. No elector shall sign petitions for
more candidates for any office than the number to be elected to such office.
(As amended November 2, 1982, § 2)
State law reference(s)--Nonpartisan nominating petitions, MCL 166.544a; last day for filing
nominating petitions where local primary falls on same day as state or county primary election,
MCL 168.646a.
Section 9. Nominating petitions; sufficiency, determination; candidates, certification.
The City Clerk shall accept for filing only nominating petitions on official blanks
containing the required number of signatures for qualified candidates. The City Clerk He shall
forthwith determine the sufficiency of signatures on each petition filed. Petitions which are found
by the clerk to contain the required number of signatures of registered electors for qualified
candidates shall be marked `approved' with the date thereof. Within three days after the time
limited for filing nomination petitions, the City Clerk shall certify to the Board of Election
Commissioners the names of all the candidates duly nominated, and special matters, if any, to
be submitted to the electors.
State law reference(s)--Certification of nominating petitions by city clerk, MCL 168.552;
validity of petition or signature, MCL 168.552a.
Section 10. Ballots; contents; candidates' names; special matters.
3
The names of the candidates shall be placed by the Board of Election Commissioners
on the primary ballot for only such positions as shall have more than twice the number of
candidates seeking each office to be filled by election. Special matters, if any, shall likewise be
placed upon said ballot. The candidates itin the primary election receiving the largest number of
votes, to a number equal to twice the number of positions to be filled in any office, and the
names of candidates not required to be placed on the primary election ballot, shall be placed on
the ballot at the regular city election, together with special matters, if any, to be voted upon.
State law reference(s)--Preparation and distribution of ballots, MCL 168.559 et seq.
Section 11. Polls; hours open.
The polls shall be open in each voting precinct from 7:00 a.m. to 8:00 p.m.
State law reference(s)--Similar provisions, MCL 168.720.
Section 12. Canvass of votes; board of election commissioner’s duties.
Immediately upon the closing of the polls the precinct election inspectors shall canvass
the votes and announce the results as provided in the general election laws for county and state
elections. They shall first canvass the votes for city officers and shall forthwith make a statement
of all votes cast at the election and file the same at once with the City Clerk. The board of
election commissioners shall act as a board of city canvassers to canvass the votes cast at all
elections under this Charter. They shall meet at the City Hall on the Thursday following each
election at 9:00 in the forenoon, and publicly canvass the election returns, and shall determine
the vote upon all questions and propositions and declare whether the same have been adopted
or rejected and what persons have been nominated or elected at such election. The candidate
or candidates, where more than one are to be nominated or elected to the same office, who
shall receive the largest number of votes shall be nominated or elected. Upon the completion of
the canvass the board shall file with the City Clerk a statement of their determination and the
City Commission shall enter the same upon the official records of the City.
State law reference(s)--Appointment, qualifications, selection, duties, etc., of city board of
canvassers, any Charter provision notwithstanding, MCL 168.30a et seq.
Section 13. Tie vote; determination.
If at any city election there shall be no choice between candidates by reason of two or
more candidates having received an equal number of votes, then the board of city canvassers
shall determine the successful candidate or candidates by lot.
State law reference(s)--Determination of election by lot, MCL 168.851, 168.852.
Section 14. Candidates; nomination, election; notice, time.
Within five days after the filing of the canvass the City Clerk shall give notice to the
persons nominated or elected of their nomination or election.
Section 15. Elections, time, place; notice required; state law.
Notice of the time and places of holding any election and the propositions to be voted
upon shall be given by the City Clerk in the manner as provided and required by state law
4
relating to elections.
(As amended April 7, 1947)
State law reference(s)--Notice of elections, MCL 168.653a.
Section 16. Ballots; form; party designation prohibited.
The form of the ballot shall conform as nearly as may be to that prescribed by the
general laws of the State, except that no party designation or emblem shall appear upon any
City ballot.
State law reference(s)--Form of ballots, MCL 168.696 et seq.
Section 17. Recount; state law.
A recount of the votes cast at any city election for any office, or upon any proposition,
may be had in accordance with the general election laws of the State.
State law reference(s)--Recounts, MCL 168.861 et seq.
5
CHAPTER III. CITY OFFICERS
Section 1. Elective officers.
There shall be a City Commission of seven (7) members. Two (2) shall be nominated
and elected from the qualified voters of the City at-large, and one (1) shall be nominated and
elected from the qualified voters of the City at-large and shall be elected as the Mayor, and one
(1) shall be nominated and elected by the qualified voters of each of the four (4) wards as
provided in Chapter I, Section 4.
(As amended November 2, 1982, § 3; as amended November 8, 1994, § 1)
State law reference(s)--Mandatory for Charter to provide for election of certain officers, MCL
117.3(a).
Section 2. Appointive officers enumerated.
The following shall be the appointed officers of the City:
(1) To be appointed by the City Commission:
City Manager
City Clerk
City Attorney
City Treasurer
City Auditor
City Assessor, and one or more assistant assessors as the Commission may
determine
Three (3) members of the Board of Health
Three (3) Election Commissioners
Three (3) inspectors of Election for each voting precinct
Four (4) members of the Board of Review
Such other officers as the Commission may deem necessary or suitable.
(2) To be appointed by the City Manager:
All directors of departments except City Attorney and City Auditor
City Engineer
City Health Officer
Chief of Police
Chief of Fire Department
Any such other officers as the City Commission may authorize.
6
(As amended November 8, 1994, § 1)
State law reference(s)--Mandatory that Charter provide for appointed officers, MCL 117.3(a).
Section 3. City Commissioners; qualifications, term; holding additional office,
restriction.
The City Commissioners elected at large shall be electors of the City and shall have
resided therein at least one (1) year immediately preceding their election and shall remain
electors of the City throughout their term of office. The City Commissioners elected from the
respective wards shall have resided within their respective wards at least one (1) year
immediately preceding their election and shall remain electors of the City and residents of their
respective wards throughout their term of office. They shall not during their term of office hold
any other City office unless specifically provided in this Charter. They shall be elected at the
regular City election. At the first regular City election held after the adoption of this amended
section of the Charter, one (1) Commissioner shall be elected from each of the four (4) wards
for a term of four (4) years and shall serve with the remaining three (3) Commissioners who
shall serve the balance of their unexpired term. At the next succeeding regular City election
following the election of Commissioners for each of the four (4) wards, three (3) Commissioners
shall be elected at large for a term of four (4) years. Thereafter their successors shall be elected
for a term of four (4) years. They shall take office on the first day of January following their
election.
(As amended November 2, 1982, § 3)
Editor's note--A one year residency requirement was upheld in Joseph v. City of Birmingham,
510 F. Supp. 1319 (E.D. Mich. 1971).
State law reference(s)--Mandatory that Charter provide for qualifications of officers, MCL
117.3(d).
Section 4. Representation in newly annexed area.
Any single area annexed to the City of Muskegon at one time and by means of a popular
vote thereon, having a population of five thousand (5,000) or more on the date of said election,
shall be entitled to elect an additional member to the City Commission for a period of not less
than five nor more than eight years as provided in this section. Said additional member shall
have all the rights, powers and duties of a duly elected City Commissioner and shall receive the
same compensation. Said population shall be determined by the existing City Commission on a
basis of such evidence as may be available including the past previous federal census, school
census, tax records, election records, or a special census conducted for the purpose, and its
decision shall be final. A special election in the annexed area shall be called by the City
Commission as soon as it is reasonably practicable after the effective date of the annexation. At
this election prior registration records may be used if available. Subject to the provisions of this
section, the election chapter of this Charter and the state election laws shall be followed. The
annexed area representative to be elected shall have been a resident of the area for at least
four years prior to the date of election and nominations shall be made by petition as provided in
the election chapter hereof for City Commissioners. If only one person is nominated within the
time limited, the City Commission shall declare such person an additional member of the City
Commission and cancel the election. Said additional member shall hold office from the Tuesday
following the canvass of the election of the declaration above provided to the first day of
January following the regular municipal election which is held more than one year after the
7
commencement of his the original term, at which election said additional membership shall
again be voted upon for a full four year term commencing on the first day of January following
the additional member’s his election. At the end of the full four-year term so provided, said
additional membership shall expire. Only registered electors residing within the annexed area
shall be entitled to vote upon the additional membership. In filling any vacancy in such additional
membership, the remaining members of the City Commission shall be limited to the selection of
a person having qualifications to be a candidate for such membership. In performing the
mandate of this section, the City Commission shall act promptly and in good faith and in failure
thereof, mandamus shall lie. The provisions of this section shall be construed as modifying and
amending any other provisions of the Charter of the City of Muskegon inconsistent therewith.
(Added November 3, 1964)
Editor's note--Originally § 4 of this chapter related to justices of the peace. That section was
repealed by an amendment of April 1, 1935, which added Chapter 18, relating to the municipal
court. Section 4, as above set out, was added by an amendment of November 3, 1964.
State law reference(s)--Mandatory that Charter provide for elections of certain officers, MCL
117.3(a).
Section 5. Election; city officers; appointment, time.
The City Manager, City Clerk, City Attorney, City Treasurer, City Auditor, City Assessor,
three members of the Board of Health and four members of the Board of Review shall be
appointed by the City Commission at the same time.
(As amended November 8, 1994, § 1)
Section 6. Appointive officers; tenure.
All officers appointed by the City Commission shall hold at the pleasure of the
Commission and all officers appointed by the City Manager shall hold at the pleasure of the
manager, unless herein otherwise provided.
Section 7. Officers; qualifications, oath, bond.
All officers shall be citizens of the United States. They shall take the constitutional oath
of office and if bonds are required shall give their official bond prior to entering upon the duties
of their office and within ten days after notification of their election or appointment.
State law reference(s)--Mandatory that Charter prescribe qualifications of officers, MCL
117.2(d).
Section 8. Officers oath, bond, regulations.
The City Commission may require any officer to give a bond with such condition and in
such amount as the commission may determine and to be approved by the commission. The
surety shall be a bonding company authorized to act under the laws of the state and the
premium therefor shall be paid by the city.
Section 9. Violation.
A failure to file the oath of office or the bond when required within the time required shall
8
render the office vacant.
Section 10. Resignations, filling vacancies.
All resignations of all elected officers and officers appointed by the City Commission
shall be made to the City Commission. Resignations of officers appointed by the City Manager
shall be made to the City Manager. In case of a vacancy in any elected office, the vacancy shall
be filled within thirty days by a majority vote of the remaining members of the City Commission
in office, and the person appointed shall fill the vacancy until the next general election for any
city elective office, at which time persons shall stand for election for the balance of any
unexpired term of the position which has been filled by the appointment. The person elected
shall take office immediately upon certification of the election results. Notwithstanding, any
person thus appointed to fill a vacant elected position where the vacancy first occurs less than
180 days before the next such general city election shall hold the position for the balance of the
unexpired term of the office.
(As amended November 2, 1999)
State law reference(s)--Vacancies in city office to be filled as provided in charter, MCL
201.37.
Section 11. Sales, purchases, contracts; financial interest prohibited, penalty.
No officer or employee of the City shall be directly or indirectly interested in the sale to or
purchase from the City of any property or be directly or indirectly interested as principal, surety
or otherwise, in any contract except his contract of employment, the expense or consideration
whereof is paid under any ordinance, motion or resolution of the Commission. Any person who
shall violate any of the provisions of this section shall on conviction thereof be punished by
imprisonment in the county jail or the Detroit House of Correction not longer than ninety days, or
by fine not exceeding five hundred dollars, or by both such fine and imprisonment at the
discretion of the Court. The officerHe shall also forfeit the officer’shis office. The prohibitions of
this section shall not apply to any person if the City Commission shall declare on its records by
a unanimous vote of the members thereof that the best interests of the City are served despite a
personal interest direct or indirect.
Section 12. Mayor, city commissioners; compensation.
The salary of the Mayor shall be five hundred dollars a year. That of the other
Commissioners shall be three hundred sixty dollars. All other salaries shall be fixed by the City
Commission.
Editor's note--The above provisions relative to the salary of the Mayor and other
Commissioners are superseded by Ordinance No. 711, relating to the local officers'
compensation commission and adopted pursuant to MCL 117.5c. See ch. 2, article VII, div. 2 of
the Code of Ordinances.
9
CHAPTER IV. CITY COMMISSION*
__________
*Charter reference(s)--Additional members of City Commission under representation in newly
annexed area, ch. III, § 4.
__________
Section 1. General legislative powers.
The seven City Commissioners shall constitute the legislative body of the City under the
name "City Commission" and all the powers of the City of Muskegon not specifically invested by
law or by this Charter in some other officer or body shall be exercised by the City Commission.
State law reference(s)--Mandatory that Charter provide for elected legislative body, MCL
117.3(a).
Section 2. Administrative service; dealing with personnel, restrictions.
The City Commission shall be the judge of the election and qualification of its own
members, subject to the review of the courts. Neither the Commission nor any of its members or
committees shall dictate the appointment of any person to office or employment by the City
Manager or in any manner interfere with the City Manager to prevent the City Managerhim from
exercising the City Manager’s his judgment in the appointment of officers or employees in the
administrative service. Except for the purpose of inquiry, the Commission and its members shall
deal with the administrative service solely through the City Manager and neither the
Commission nor any member thereof shall give orders to any of the subordinates of the City
Manager.
Section 3. City Commission; organization, vice-mayor, meetings, order of business,
records.
During the first week in January following the regular municipal election the City
Commission shall meet at the council chamber in the City Hall and complete its organization. At
the time it shall elect from its own members a vice mayor who shall perform all the duties of the
mayor when from any cause the mayor is temporarily unable to perform the duties of the
Mayor’s his office, or in case of a vacancy in the office of mayor until such vacancy is filled by
the City Commission. It shall then establish a time for regular meetings of the Commission
which shall be held at least twice in each month. Special meetings may be called at any time by
the mayor or by two other commissioners by giving such notice to its members as the
Commission shall provide. All meetings of the City Commission shall be public and any citizen
shall have access to the minutes and records thereof at all reasonable times. The Commission
shall determine its own rules and order of business and shall keep a record of its proceedings.
State law reference(s)--Mandatory that charter require compliance with Open Meetings Act,
MCL 117.3(l); Open Meetings Act, MCL 15.261 et seq.
Section 4. Quorum, adjournments, vote required.
The majority of the members of the City Commission shall be a quorum to do business
10
but in the absence of the quorum two or more commissioners can adjourn meeting to a later
date except as herein otherwise provided. The affirmative vote of the majority of the members of
the City Commission shall be necessary to adopt any measure before it. All votes except or
motion to adjourn and to refer shall be taken by "Yea" and "Nay" vote and entered upon the
record.
11
CHAPTER V. ADMINISTRATIVE SERVICE*
__________
*State law reference(s)--Mandatory requirement that charter prescribe duties of city officers,
MCL 117.3(d).
__________
Section 1. Mayor; powers and duties.
In so far as required by law and for all ceremonial purposes the Mayor shall be
recognized as the executive head of the City. The Mayor He shall be chairman of the City
Commission and shall have a voice and vote in its proceedings, but no veto power. The Mayor
He shall authenticate by the Mayor’shis signature such instruments as the City Commission, this
Charter or the laws of the State shall require.
State law reference(s)--Mayor required, MCL 117.3(a).
Section 2. Administrative departments enumerated.
The following administrative departments are hereby established:
1. Department of Law.
2. Department of Finance.
3. Department of Public Works.
4. Department of Public Health.
5. Department of Public Welfare.
6. Department of Public Safety.
State law reference(s)--Charter may provide for the establishment of departments, MCL
117.4j(1).
Section 3. Department heads enumerated.
Until otherwise provided by ordinance the City Attorney shall be director of the
department of law, the City Auditor of the department of finance, the City Engineer of the
department of public works, the City Health Officer of the department of public health and
welfare, and the City Manager of the department of public safety.
Section 4. Administrative officers; responsibility.
The directors of the departments of law and finance shall be immediately responsible to
the City Commission. The other directors shall be immediately responsible to the City Manager
for the administration of their departments.
Section 5. City departments; functions, ordinance required.
The City Commission shall by ordinance determine and prescribe the functions of each
12
department and may create new departments, combine existing departments and establish
temporary departments for special work when in its opinion the proper administration of the City
requires. The functions of the department of public welfare, however, shall include the
supervision and management of all charitable, correctional and reformatory institutions and
agencies belonging to the City, the use of recreational facilities of the City, including parks and
playgrounds, the inspection and supervision of public entertainments, the study and research
into causes of poverty, delinquency, crime and other social problems in the community.
Section 6. City Manager; authority; absence, disability.
The City Manager shall be the administrative head of the municipal government under
the direction and supervision of the City Commission and shall hold his office at the pleasure of
the Commission. The City ManagerHe need not be a resident of the City at the time of his
appointment. During the City Manager'shis absence or disability, the City Commission may
designate some properly qualified person to execute the function of the office.
Section 7. City Manager; powers and duties.
Except as herein otherwise provided, the City Manager shall have the following powers
and duties:
1. To enforce all city laws and ordinances.
2. To appoint and remove all administrative officials of the city subject to the civil
service provisions.
3. To enforce all city contracts and franchises.
4. To supervise all public improvements, works and undertakings.
5. To attend all meetings of the City Commission and to take part therein, but
without vote.
6. To prepare the annual itemized budget and to keep the City Commission fully
advised as to the financial condition and needs of the City.
7. To recommend to the City Commission for its adoption such measures as the
City Manager he may deem necessary or expedient.
8. To perform such other duties as may be required by this Charter, by ordinance or
the direction of the City Commission or as naturally pertain to the general
management of the City affairs.
Section 8. City Clerk; powers and duties.
The City Clerk shall be Clerk of the City Commission, shall attend all its meetings, shall
keep a permanent journal in the English language of its proceedings and shall sign the same.
The City ClerkHe shall attest such instruments as the City Commission, this Charter or
the laws of the State shall require.
The City ClerkHe shall be custodian of the seal and of all papers, documents and
records of the City, the custody of which is not otherwise provided for.
The City ClerkHe shall give to the proper officials ample notice of the expiration or
13
termination of all franchises and contracts. The City ClerkHe may administer all oaths required
to be taken by this charter or by the City Commission. The City ClerkHe shall act with the City
Assessor in making jury lists.
The City ClerkHe shall perform such other duties of a clerical nature as naturally pertain
to the City Clerk’shis office or which shall be required of him by this Charter or by the City
Manager.
State law reference(s)--Mandatory requirement that charter provide for city clerk, MCL
117.3(a).
Section 9. City Auditor; powers and duties.
The City Auditor shall keep the City's books of account, which shall show in accurate
detail all moneys received and their several sources and all disbursements made and their
purposes.
The City AuditorHe shall establish and maintain a system of accounts suitable for all
departments and officers of the City which shall conform to any uniform system required by law.
The City AuditorHe shall examine and audit all accounts and claims against the City
except claims for unliquidated damages. The City AuditorHe shall not issue or sign any craft,
check or warrant until the City Auditorhe has verified the correctness of the account for which
the same is issued; neither shall the City Auditor he allow the payment of any account unless
the money has been appropriated therefor, nor shall the City Auditorhe issue or sign any draft,
check or warrant for any account against the City unless sufficient money is in the fund on which
it is drawn.
The City AuditorHe shall examine and audit the books of the City Treasurer once each
month and at the close of the fiscal year, or whenever the City Auditorhe shall think necessary
or shall be directed by the City Commission. The City AuditorHe shall examine and audit all
books of account of other officers, boards or departments.
All books of account of the City shall be balanced at the close of each month and a
report made thereof by the City Auditor to the City Commission. The City AuditorHe shall
present to the City Commission each month and whenever required by the Commission, a
detailed statement of the financial condition of the City which shall include all receipts and
expenditures of the various departments, and annually a detailed statement of the debt of the
City and the purpose for which it was incurred and an inventory of the property of the City with
both its cost and estimated current value.
He shall perform such other duties as naturally pertain to his office or as may be
required by this Charter or by the City Commission.
Section 10. City Attorney; powers and duties.
The City Attorney shall act as legal adviser to and as attorney and counsel for the
municipality and all its officers in matters relating to their official duties. The City Attorney He
shall give written opinions to any official or department of the City whenever requested in writing
so to do, and shall file a copy of the same with the City Clerk.
The City AttorneyHe shall conduct for the City all cases in Court to which the City is a
party.
The City AttorneyHe shall prepare, or officially pass upon, all contracts, bonds and other
14
instruments in writing, in which the City is concerned, and shall verify before execution as to
their legality and correctness of form.
The City AttorneyHe shall perform such other duties as may be prescribed by this
Charter or by the City Commission.
Section 11. City Treasurer; powers and duties.
The City Treasurer shall have the custody of all moneys, the City Clerk's bond, and all
evidence of value belonging to the City or held in trust by the City.
The City TreasurerHe shall receive all moneys belonging to and receivable by the City,
and shall keep a correct account of all receipts and expenditures.
The City TreasurerHe shall keep and deposit all moneys or funds in such manner and in
such places as the City Commission may determine. The City TreasurerHe shall report in detail
to the City Auditor each day all moneys collected by by the City Treasurehim.
The City TreasurerHe shall pay no moneys out of the treasury except in the manner
prescribed in this Charter.
The City TreasurerHe shall have such powers and duties in regard to the collection of
school taxes as are given the City Treasurerhim by law, or by the Charter of the Public Schools
of the City of Muskegon, and by this Charter.
The City TreasurerHe shall perform such other duties as may be prescribed for him by
the laws of the State, by this Charter or by the director of finance.
State law reference(s)--Mandatory requirement that charter provide for treasurer, MCL
117.3(a).
Section 12. City Assessor powers and duties.
The City Assessor shall possess all the powers vested in and shall be charged with all
the duties imposed upon assessing officers by the general laws of the State.
The City AssessorHe shall make and prepare all regular and special assessment rolls in
the manner prescribed by this Charter and the general laws of the State. The City AssessorHe
shall act with the City Clerk in making jury lists.
The City AssessorHe shall perform such other duties as may be prescribed for the City
Assessorhim by this Charter.
State law reference(s)--Mandatory requirement that charter provide for city assessor, MCL
117.3(a).
Section 13. Purchasing Agent; appointment; powers and duties.
The City Manager or some officer other than the auditor or treasurer shall be designated
by the City Commission to act as purchasing agent, by whom all purchases for the City shall be
made and all vouchers for the payment of the same approved. The City Manager or designated
purchasing agentHe shall also conduct all sales of personal property which the City Commission
may authorize to be sold.
The City Manager or designated purchasing agent He shall see to the delivery of
15
supplies to each department and where purchases or sales are made on joint account of
several departments the City Manager or designated purchasing agenthe shall apportion the
charge of credit to such department.
All purchases and sales shall conform to such regulations as the City Commission may
from time to time prescribe, but in either case if the amount involved is in excess of five hundred
dollars, opportunity for competition shall be given.
Section 14. Reserved.
Editor's note--The above section related to city representation on the county board of
supervisors and was omitted due to the superseding effect of MCL 46.401 et seq., which
provides for the election and apportionment of members of the board.
16
CHAPTER VI. PUBLIC HEALTH*
__________
*State law reference(s)--Public Health Code, MCL 14.15(11d) et seq.
__________
Section 1. General powers.
The power of the City to preserve and promote the health of its inhabitants shall be
limited only by the laws of the State and needs of the City.
State law reference(s)--Mandatory requirement that charter provide for public peace, health
and safety of persons and property, MCL 117.3(j).
Section 2. Board of Health; composition.
The Board of Health shall consist of three members, two of whom shall be registered
physicians, residents of the City of Muskegon. The City health officer shall sit with the Board of
Health but shall have no vote.
State law reference(s)--Local health departments, MCL 333.2401 et seq.
Section 3. Board of Health; powers and duties.
The Board of Health shall have and exercise for the City all the powers and authority
conferred upon boards of health by the general laws of the State, by this Charter and by the
ordinances of the City. It shall be its duty and duty of the health officer to see to the enforcement
of all laws and ordinances pertaining to public health.
Section 4. Health officer; powers and duties.
The health officer shall have and exercise all the powers of police officers of the City and
all power and authority conferred on health officers by the laws of the State, by this Charter or
by the ordinances of the City and shall perform all duties required of such officer.
State law reference(s)--Local health departments, MCL 333.2401 et seq.
17
CHAPTER VII. ORDINANCES*
__________
*State law reference(s)--Mandatory requirement that Charter provide for adopting, continuing,
amending and repealing ordinances, MCL 117.3(k).
__________
Section 1. City Commission; powers.
The City Commission shall have power to enact, amend and repeal all ordinances that
may be necessary or proper for carrying out the powers conferred and the duties imposed upon
the City by this Charter and by the laws of the State.
Section 2. Ordinances; style; adoption, vote required.
The style of all ordinances shall be "The City of Muskegon Ordains." They shall require
for their passage a majority vote of all members of the Commission in office. No ordinance shall
be adopted at the same meeting at which it is proposed except by unanimous consent of all
members of the Commission then in office.
Section 3. Same; effective date, publication.
Every ordinance shall prescribe the time within which it shall take effect and in case a
penalty is imposed such time shall not be less than ten days after the first publication. All
ordinances shall be published at least once in one or more of the daily newspapers of the City
before they become operative.
Section 4. Initiatory petition; signatures required.
Any proposed ordinance may be submitted to the Commission by petition signed by
electors of the City equal in number to fifteen percent of the highest vote cast in the City for
commissioner in the last preceding general election. The petition shall contain a request that the
ordinance be submitted to a vote of the people if not passed by the Commission and the
ordinance shall either be contained in the petition or shall accompany it.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 5. Same; Commission determination required.
Within thirty days after such petition is presented to the Commission, the Commission
shall either pass the proposed ordinance without alterations or it shall amend the ordinance if it
deems advisable, retaining, however, the general purpose thereof, or it shall submit the same
without amendment to the vote of the electors of the City.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 6. Same; amendment by commission; publication, protest.
18
In case the Commission shall amend the ordinance it shall publish the same as
amended in one or more newspapers in the City and if within fifteen days thereafter a protest
against the adoption of the ordinance as amended be filed, signed by electors of the City equal
in number to ten percent of the highest vote cast in the City for commissioner at the last
preceding general election, the ordinance as amended shall be submitted to the electors of the
City. If no such protest shall be filed the ordinance shall take effect at the time prescribed by the
ordinance, or if that has expired, at the expiration of said period of fifteen days.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 7. Electors; conflicting ordinances, adoption; determination.
In case the amended ordinance is submitted to the electors the original ordinance shall
be submitted at the same time as an alternative, but no elector shall vote "yes" to both
ordinances. If each ordinance shall have a majority of votes cast on the adoption of the same,
the one having the greater number of votes shall be considered adopted. If a single ordinance is
submitted and the majority of qualified electors voting thereon shall vote in favor thereof, it shall
be adopted.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 8. Ordinances, emergency, effective date, objections.
No ordinance passed by the Commission except when otherwise required by the general
laws of the State or by the provisions of this Charter (excepting ordinances for the immediate
preservation of the public peace, health or safety which shall contain a statement of urgency
and shall be passed by unanimous vote of the Commission) shall go into effect for ten days
from the time of its final passage and if during the said ten days there shall be presented to the
Commission a protest against the passing of said ordinance signed by electors of the City equal
in number to at least fifteen percent of the highest vote cast for candidates for commissioner at
the last preceding general election, said ordinance shall thereupon be suspended from taking
effect, and it shall be the duty of the Commission to reconsider said ordinance and if the same is
not entirely repealed the Commission shall submit it to the vote of the electors.
Section 9. Electors; ordinances, adoption; number unrestricted.
Any number of proposed ordinances may be voted upon at the same election in
accordance with the provision[s] of the Charter.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 10. Ordinances; repeal; submission to electors.
The City Commission may submit a proposition for the repeal of any such ordinance or
for amendments thereto to be voted upon at any city election and if such proposition receives a
majority of the votes cast thereon at such election the ordinance shall thereby be repealed or
amended.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
19
117.4i(g).
Section 11. Same; submission to electors, time.
All ordinances submitted to the electors shall be submitted at the next general municipal
election after final action taken by the Commission if one is held within ninety days, but if no
general election shall be held within that time, a special election shall be called by the City
Commission for that purpose and held within that time. Not more than one special election shall
be held for such purpose in the period of six months.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 12. Same; adoption, electors; effective date.
Whenever the electors shall adopt an ordinance it shall go into effect asat prescribed
therein, or if that time shall have expired, ten days after the election.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 13. Ordinances; adoption, electors; repeal, restriction.
No ordinance which has been adopted by the vote of the electors shall be repealed or
amended within five years except by vote of the electors.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 14. Ordinances; submission to electors; publication required.
All ordinances or propositions for amendment or repealing of ordinances submitted to
the voters shall be published at least once in one or more of the daily newspapers in the City not
more than thirty nor less than ten days prior to the elections.
State law reference(s)--Permissible that charter provide for initiative and referendum, MCL
117.4i(g).
Section 15. Ordinance book, filing required.
All ordinances after having been duly passed shall at once be filed in the office of the
City Clerk and shall be recorded in the Book of Ordinances of the City of Muskegon. It shall not
be necessary to enter any ordinance at length in the journal of the Commission but reference
may be made thereto by its title in all actions upon the passage thereof.
Section 16. Charter, or ordinances; publication required, time.
Within one year after this Charter takes effect the City Commission shall cause to be
published in pamphlet form this Charter with the amendments thereof, if any, and all ordinances
then in force in the City. If any ordinance shall have been amended, the complete ordinance
with the amendment incorporated therein shall be published and not the original ordinance and
amending ordinances.
20
Section 17. Same; public utility contracts; compilation, publication required, time.
At least once in each ten years thereafter the City Commission shall cause to be
compiled and published in pamphlet form this Charter, all amendments to the Charter, all
ordinances and all long term contracts between the City and public utility corporations. The
correctness of such publications shall be certified to by the compiler.
Section 18. Ordinances, publication; evidence.
Proof of publication of any ordinance, resolution or other proceeding of the Commission
may be made by an affidavit of the printer or publisher of the paper in which the same has been
published and such affidavit when duly filed with the Clerk shall in all cases, courts and
proceedings be prima facie legal evidence of the publication of such resolution, ordinance or
other proceeding. All copies of the ordinance of the Commission purporting to have been
published or printed by its authority shall in all courts and proceedings be received as prima
facie evidence thereof and of their enactment and publication.
Section 19. Ordinances; violations, penalties, imprisonment, fines, costs and expenses.
City ordinances may provide penalties for violations. Penalties for civil infractions may
include, without limitation, civil fines, costs, damages and expenses in the amounts authorized
by State law. For criminal violations, ordinance penalties may include, without limitation, criminal
fines and imprisonment for the amounts and periods authorized by any State law, and costs and
expenses in lawful amounts.
(As amended February 22, 2000)
State law reference(s)--Restriction on fines and imprisonment, MCL 117.4i(k).
Section 20. Fines, recovery; civil action authorized.
Whenever a pecuniary penalty or forfeiture shall be incurred for violation of any
ordinance and no provision shall be made for imprisonment of the offender on conviction
thereof, or if the offender shall be a corporation, such penalty or forfeiture may be recovered in
an action of debt or assumpsit.
Section 21. Same; civil actions, procedure.
Such action shall be brought in the name of the City of Muskegon and may be
commenced by summons. All pleadings and proceedings in the case except as herein
otherwise provided shall conform to and be the same as in like actions for the recovery of
penalties for violation of the laws of the State. Upon rendition of judgment against the defendant
execution shall issue forthwith and if not against a corporation shall require that if sufficient
goods and chattels of the defendant cannot be found to satisfy the same the defendant be
committed to the County jail for Muskegon County or the City jail for a period not exceeding
ninety days, unless the execution be sooner paid or the defendant discharged by due course of
law.
Section 22. Ordinances, violations; prosecutions, pleadings, proceedings.
Prosecutions for the violation of ordinances may be commenced by summons, and in all
cases except against corporations, by warrant for the arrest of the defendant. Such warrant
21
shall be issued upon complaint as in criminal cases cognizable by justices of the peace and
shall be substantially in the form of warrants issued under criminal cases. All pleadings and
proceedings in the case shall be substantially in the form of warrants issued under criminal
cases. All pleadings and proceedings in the case shall, except as herein otherwise provided, be
governed by and conform as nearly as may be to the provisions of law in criminal cases
cognizable by justices of the peace.
Section 23. Same; county jail; use authorized.
The City of Muskegon shall be allowed the use of the County jail of Muskegon County
for the confinement of persons liable to imprisonment under the ordinances thereof and under
any of the other provisions of this Charter and the sheriff or other keeper of the jail shall receive
and keep any person committed thereto until lawfully discharged.
Section 24. Ordinances, violations; pleadings, process.
It shall not be necessary in any suit, proceeding or prosecution for the violation of any
ordinance of the City to set forth such ordinance or any provision thereof in any complaint
warrant, process or pleading therein, but the same shall be sufficiently set forth or stated by
reciting the title and the date of passage or approval and it shall be a sufficient statement of the
offense or action complained of in the said complaint or warrant to set forth substantially with
reasonable certainty the time and place of the act or offense complained of and to allege the
same to be a violation or an ordinance of the City referring thereto by its title and the time of its
passage or approval.
Section 25. Penalties, forfeitures; actions, appeals.
In all prosecutions and in all suits to which the City shall be a party brought to recover
any penalty or forfeiture for violation or breach of any ordinance commenced by summons,
warrant or other process to which the City shall be a party, brought in Justice Court, like
proceeding shall be had except as herein otherwise provided, and the judgment rendered
therein may be appealed from by the City or defendant in like manner as similar cases tried
before justices of the peace, except that the City of Muskegon, if it shall appeal will [will] not be
required to give any bond.
Editor's note--Justice courts have been abolished. See MCL 600.9921, 600.9930.
Section 26. Process; issuance, return.
All process issued by any justice of the peace to enforce any of the ordinances of the
City shall be directed to the chief of police of the City of Muskegon or to the sheriff or any
constable of the County of Muskegon, and such process may be executed by any of said
officers anywhere in the State and shall be returned as any similar process issued by justices of
the peace.
Editor's note--Justice courts have been abolished. See MCL 600.9921, 600.9930.
22
CHAPTER VIII. GENERAL FINANCE*
__________
*State law reference(s)--Municipal Finance Act, MCL 133.1 et seq.; Uniform Budgeting and
Accounting Act, MCL 141.421 et seq.
__________
Section 1. Fiscal year.
The fiscal year of the City shall be established by ordinance adopted by the City
Commission.
Section 2. Revenue; division into specific funds.
The revenues of the City shall be divided among such funds as the City Commission
may determine which shall, however, include:
Contingent fund to defray contingent and other expenses for the payment of
which from some other fund no provision is made.
Interest and sinking fund to defray expenditures for the payment of the public
debt and interest thereon.
Special assessment fund to defray expenditures from moneys raised by special
assessments for public improvements.
Section 3. Contemplated annual expenditures; estimate, submission; city manager, duty.
By the dates established by ordinance adopted by the City Commission, the City
Manager shall submit to the City Commission an estimate of the contemplated expenditures and
revenues for the ensuing year and the City Commission shall determine the amount and
purpose of the necessary expenditures for such year and shall adopt a resolution fixing the
amount of the appropriation to be made therefor. Provided, however, that the amount
appropriated shall comply with Section 21 of Article 10 of the State Constitution of Michigan
[1904] and be based on the assessable property of the City as established by the assessment
roll for the current year.
(As amended May 8, 1920; September 11, 1934; and November 2, 2004)
State law reference(s)--See Art. 9, § 15 of Mich. Const. of 1963; mandatory requirement that
charter provide for annual appropriation of money for municipal purposes, MCL 117.3(h).
Section 4. Receipts, delivery to city treasurer.
All moneys received, regardless of the source from which they come, shall be paid to,
the City Treasurer, shall be entered in the proper fund relating to the purpose for which they are
designed to be used and shall be applied only to such purpose.
Section 5. Special assessment funds, interest, sinking fund; special account required.
23
All moneys belonging to special assessment funds and to the interest and sinking fund
shall be kept in a single bank account separate from all other moneys.
Section 6. Transfer of funds.
No transfer shall be made from one fund to another except where there is an
unappropriated balance in the contingent fund. Transfers not in excess of such unappropriated
balance may be made from that fund to any other.
Section 7. Funds, insufficiency; warrants prohibited.
No warrant shall be drawn on the City Treasury against any fund which after deducting
all prior warrants thereon has not a sufficient amount therein to pay such warrant.
Section 8. Same; Charter violation, officers; penalty.
If any commissioner shall vote for a transfer of funds or for the use of moneys or if the
City Auditor or City Manager shall draw or sign any warrant contrary to the provisions of this
Charter, the commissioner, City Auditor, or City Managerhe shall be at once subject to removal
from his office and shall be ineligible to hold any office in the City of Muskegon for the period of
five years thereafter. If the City Commission shall fail to make such removal within thirty days
after such fact is known, any elector may apply to the Circuit Court for the County of Muskegon
on the law or chancery side as the case may be, to compel the removal of such officer.
Section 9. Payment vouchers; certification required; warrants, signatures.
Payments by the City shall be made only on vouchers certified by the head of the
appropriate department or other division of the City government, and by warrants on the City
Treasury issued by the City Manager and countersigned by the City Clerk.
24
CHAPTER IX. BONDS
Section 1. Bonds, issuance; City Commission, authority.
The City Commission shall borrow no money and issue no bonds unless herein
authorized or unless authorized by the electors of the City at an election wherein the question is
lawfully submitted.
State law reference(s)--Authority to borrow money, MCL 117.4a.
Section 2. Bonds, issuance; purposes enumerated.
The City Commission is hereby authorized to borrow money and issue bonds for the
payment therefor for the following purposes:
1. To pay for any public improvement in anticipation of a special assessment
lawfully authorized at or prior to the time such loan is made and to be paid in
installments approximately corresponding to the installments of such
assessments.
Said bonds may be issued at the time of the letting of the contract for the
improvement, if the work is to be done by contract, or upon the estimated cost of
the improvement on the determination by the City Commission that the work shall
not be done by contract. The loan shall not exceed in amount the contract price
or the estimated cost of the improvement after deducting the City's share of such
cost. The City Commission shall pledge the faith and credit of the City for the
payment of such bonds, and the special assessment when collected shall be
placed in a Sinking Fund for their payment.
(As amended May 4, 1922, November 5, 1946, and November 7, 1950)
[2.] To pay the City's share for the cost of water mains, street and sewer
improvements, not to exceed the sum of $50,000.00 in any one year, but no sum
shall be borrowed for such purpose in excess of seventy-five percent of the cost
of such improvement nor for a longer time than ten years, and the bonds issued
therefor shall be paid at maturity.
3. For emergency purposes in accordance with the provisions of the Home Rule Act
of the State of Michigan [MCL 117.1 et seq.].
4. For the renewal of bonds falling due from time to time the payment of which at
maturity is not required by this Charter or by the laws of the State of Michigan.
5. To pay any judgment or decree that shall have been rendered against the City for
payment of which there are no available funds.
6. To defray the expenses of the City from July first, 1920, to December thirty-first
following, if the amount levied on the tax roll of the City for 1919, together with
the receipts from all other sources shall not be sufficient for that purpose and to
pay the existing indebtedness of the City for the payment of which no provision
has been made, not exceeding, however, the sum of $350,000.00.
25
Section 3. Bonds, issuance; submission to electors.
The City Commission may borrow money and issue bonds therefor for public purposes,
not however, including current City expenses, whenever authorized so to do by a three-fifths
vote of the electors of the City cast at an election wherein the matter of issuing such bonds is
lawfully submitted.
Section 4. Total bonded indebtedness, restriction.
The total amount of bonded indebtedness of the City shall at no time exceed ten percent
of the value of the assessable property in the City as shown by the tax roll for the preceding
year.
State law reference(s)--Limitation on net bonded indebtedness, MCL 117.4a(2).
Section 5. Bonds; sinking fund required, exception.
The City Commission shall make provision for a sinking fund with which to pay at
maturity all bonds issued by the City except serial bonds which fall due annually.
State law reference(s)--Sinking fund required, MCL 117.5(g).
Section 6. Bonds; terms, forms.
All details as to the terms and form of bonds and the issue thereof shall be determined
by the City Commission.
26
CHAPTER X. CLAIMS
Section 1. Damages, claims; affidavit required, contents.
No claims against the City for damages growing out of negligence or default of the City
or any officer or employee thereof shall be allowed unless it shall be accompanied with an
affidavit of the person sustaining the damage or of someone in his behalf having knowledge of
the facts, stating the time and place at which and the cause and manner in which such damage
was sustained, the facts connected therewith and the witnesses, if any, present when the
damages or injuries were received or sustained and in all claims for damage in consequence of
any personal injury such affidavit shall also state the name of the attending physician, the
amount of money paid for medical attendance, the loss of time and the value thereof, the extent
of injury received, and the amount of compensation claimed for such damage or injury.
Annotation--The former Charter of the City contained a provision similar to the first paragraph
of the above section. Plaintiff, who did not file the claim within six months, sued the City for
damages resulting from personal injuries received or a defective sidewalk. It was urged that the
requirement for filing a claim did not apply because the plaintiff was an infant at the time and
also because the term "damages," as used in the Charter, did not refer to damages for personal
injuries. It was held that the Charter provision applied to infants, as well as adults, and to claims
for personal injuries. and that the plaintiff's claim was barred. See Davidson v. City of
Muskegon, 69 N.W. 670 (1897).
Editor's note--The above section is superseded by MCL 691.1401 et seq.
Section 2. Claims; filing required, time; fires, destruction of buildings.
All claims for damages against the City growing out of the negligence or default of the
City or any officer or employee thereof, shall be filed with the City Clerk within six months after
such damage shall have been sustained or injury received, and in default thereof shall be
forever barred.
All claims for damages against the City occasioned by reason of the destruction of any
building for the purpose of arresting any fire shall be filed with the City Clerk within six months
after the destruction of such building and the Commission in its discretion may make such
compensation thereof as it may deem just, but no compensation shall be paid for a loss which
would probably have occurred to such building if it had not been destroyed.
State law reference(s)--Filing notice for claim based on defective highway, MCL 691.1404;
filing notice for claim based on dangerous public buildings, MCL 691.1406.
Section 3. Claims, requisites; city liability.
In any action in any court on any claim whatsoever, the claimant shall be required to
show that such claim has been duly presented in the manner hereinabove provided to the City
Commission for audit, investigation and allowance, and that the Commission has had
reasonable time to investigate and pass upon it before the bringing of such action. In case,
however, there shall be any defect in the claim presented the City shall be deemed to have
waived the same unless the Commission shall cause notice thereof to be given to the claimant
27
within thirty days after the claim is filed. If the claim shall have been filed in due time the
claimant shall have ten days after receiving notice in which to correct the defect even if the time
would then otherwise have expired.
State law reference(s)--Filing notice for claim based on defective highway, MCL 691.1404;
filing notice for claim based on dangerous public buildings, MCL 691.1406.
Section 4. Public ways, defects; liability; notice required.
The City shall not be liable to any person for injury received by the individualhim or the
individual’shis property in consequence of any sidewalk or crosswalk in the City not being kept
clear of snow and ice, nor shall the City be liable to any person for injury received by and
individualhim or the individual’shis property by any defect in or on any sidewalk, crosswalk or
street, unless it shall be shown that the defect occasioning the injury had existed thirty days
prior to the injury, or unless the City had had actual notice of the existence of said defect at least
five days before the injury occasioned thereby was received.
Editor's note--The above section is superseded by MCL 691.1403.
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CHAPTER XI. TAXATION*
__________
*State law reference(s)--Mandatory requirement that Charter provide for levy, collection and
return of state, county and school taxes in conformity with the general laws of the state, MCL
117.3(i).
__________
Section 1. Taxation; state law.
All the provisions of the General Tax Law of the State of Michigan except as herein
otherwise provided, shall apply to and control the assessment of property and the collection of
taxes in the City of Muskegon and the taxing officers of the City shall have the same powers
and shall be subject to the same duties as like officers under that law. The City Clerk, City
Assessor and City Treasurer shall take notice of said law and comply therewith.
State law reference(s)--The General Property Tax Act, MCL 211.1 et seq.
Section 2. Board of review; composition, sessions; regulations.
The composition of the Board of Review, schedule of meetings, the purpose of the
Board of Review and order of proceedings shall be as specified in Michigan general property tax
act.
State law reference(s)--Meetings of board of review, MCL 211.30; completion of review of
assessments, MCL 211.30a.
Section 3. Same; meetings, notice required.
The City Clerk shall give notice to the public of the time and place of meeting of the
Board of Review by publication in at least one newspaper published and circulated in the City at
least six days immediately preceding such meeting and also by posting three copies of such
notice in each voting precinct in the City.
Section 4. Annual appropriation resolution; delivery to Assessor.
On or before the date necessary in order to levy the City’s and the Board of Education’s
millage, in each year, the City Clerk shall make and deliver to the Assessor a certified copy of
the annual appropriation resolution and of the statement of school taxes as prepared by the
Board of Education of the public schools of the City of Muskegon filed in the City Clerk’s office.
Section 5. Taxes; interest, sinking fund; assessor, duty.
The Assessor in assessing the taxes shall place in a separate column those included in
the interest and sinking fund.
Section 6. Taxes, due date; collection fees.
Collection fees, penalties and interest on taxes shall be collected by the City Treasurer
29
in accordance with the provisions of state law.
(As amended November 8, 1994, § 2)
State law reference(s)--Tax collections, MCL 211.44 et seq.
30
CHAPTER XII. PUBLIC WORKS AND IMPROVEMENTS
Section 1. Public improvements; authority, state law.
The right to make public improvements and public works for municipal purpose and to
acquire lands therefor either within or without the City, by gift, purchase or condemnation, shall
be exercised by the City Commission subject only to the limitations of the laws of the State and
of this Charter.
State law reference(s)--Permissible charter provisions, MCL 117.4e.
Section 2. Same; costs payable from the public funds.
The cost of all public improvements that benefit the City as a whole, and the cost of
paving or improving street and alley intersections and such portion of the cost of the
construction of water mains, main or lateral sewers, as the City Commission may determine to
be just shall be defrayed from public funds.
Section 3. Same; costs, special assessments.
If, in the judgment of the City Commission, any such improvement made by it shall
confer special benefit on any property in addition to that conferred on the City as a whole, such
part of the cost thereof as the City Commission shall consider just shall be levied as a special
assessment against such property.
State law reference(s)--Permissible charter provisions, MCL 117.4d(1)(a).
Section 4. Public ways; control, etc.; city authority.
The City shall have the power to use, control and regulate the streets, alleys and public
grounds of the City and the spaces above and below the same, subject only to the laws of the
State and limitations of this Charter, but no use thereof shall be granted that shall be exclusive
or inconsistent with the public interests.
Section 5. Streets, paving; prerequisites.
No street shall be paved until all water pipes, sewer pipes and other conduits or
subterranean works necessary or proper for the people along the street shall first have been laid
and the City Commission shall not allow after the laying of any pavement any opening to be
made therein for the purpose of laying or connecting with any such pipes or subterranean
works, but at the time such works or pipes are laid suitable connections shall be installed that
shall extend beyond the pavement.
State law reference(s)--Permissible that charter provide for the control and use of streets,
MCL 117.4h.
Section 6. Public improvements; purchases, contracts, competitive bids.
The City Commission shall have power to make any public works or improvement by the
31
employment of necessary labor and the purchase of necessary supplies and materials, or to do
the same by contract duly let which shall be after competitive bidding in case the cost thereof
shall exceed five hundred dollars.
Section 7. City jurisdiction, boundaries.
The jurisdiction of the City for all municipal purposes shall extend over the waters of
Muskegon Lake and River within its boundaries and over the waters of Lake Michigan adjoining
the City for a distance of two miles from shore, and all process issued from any of the City
Courts may be served within said limits.
Section 8. Plats; lands, sale; restriction.
The City Commission shall have power to approve all plats of land within the City
whether private or public and to prohibit and prevent the sale of lots by use of plats in which the
streets therein contained shall not conform in width and location to the streets of the City in that
locality.
State law reference(s)--Land Division Act, MCL 560.101 et seq.
Section 9. Public utilities; acquisition, authority.
The City shall have the power to acquire by construction, purchase or condemnation,
public utilities of all kinds and to operate and maintain the same.
State law reference(s)--Authority to establish and operate public utilities, MCL 117.4e.
32
CHAPTER XIII. SPECIAL ASSESSMENTS
Section 1. Charter provisions applicable.
Special assessments shall be made in accordance with the provisions of this chapter.
Section 2. Special assessments; intention, notice required, contents.
The City Commission shall give notice of its intention to make a special assessment by
publication in one or more papers published and circulated in the City of Muskegon, which
notice shall contain:
1. A description of the improvement for the payment of which the assessment is to
be made.
2. A description of the district on which the assessment is to be made.
3. The portion of the cost to be paid by special assessment.
4. A statement that plans of the improvement and estimates of the cost are on file in
the office of the Clerk and subject to examination.
5. The time and place where the Commission will meet to hear objections to the
making of the improvement and the levying of the assessment.
Section 3. Same; hearing; objections, regulations.
If at or prior to the hearing the owners of more than one half of the property to be
assessed shall object thereto in writing, the improvement shall not be made unless the
Commission shall determine by the affirmative vote of all its members that the safety or health
of the public necessitates the improvement, in which case it may be made.
State law reference(s)--Power relative to special assessments, MCL 117.4a, 117.4b, 117.4d,
117.5(e).
Section 4. Special assessment roll; omissions; City Assessor, authority.
If any lot or parcel of land shall for any reason have been omitted from the said roll or
exempted or partially exempted thereon, it shall nevertheless be subject to such special
assessment and the City Assessor shall place on the special assessment roll a fair valuation
thereof corresponding to the values of other property in the special assessment district and such
valuation shall be used for the purpose of such special assessment.
(As amended November 7, 1950)
Section 5. Special assessments; costs, determination.
In determining the amount of the special assessment the cost of such improvement shall
include the cost of everything pertaining thereto and to the making of the assessment.
33
Section 6. Same; levy, prerequisites.
No special assessment shall be levied before the letting of the contract for the
improvement, if the work is to be done by contract, or the determination by the Commission that
it shall not be done by contract.
Section 7. Assessments according to frontage or benefits.
Special assessments may be made according to frontage or benefits as the Commission
shall determine. When made according to frontage they shall be made by the City Assessor.
When made according to benefits they shall be made by a board of three members, one of
whom shall be the City Assessor and the other two shall be members of the Commission
designated by the Commission.
Section 8. Resolution required; contents.
The Commission shall order a special assessment by resolution which shall determine
whether it is to be made by frontage or benefits, shall designate the several lots or premises to
be assessed, the amount of the assessment and the number and amount of installments, if it is
to be paid in installments.
Section 9. Assessments, frontage or benefits; regulations.
If the assessment is to be made according to frontage, each lot or parcel of land shall be
assessed such relative portion of the whole amount to be levied as the frontage of such lot or
parcel on the improvement bears to the whole frontage of all the lots or parcels to be assessed,
provided, if by reason of the shape or size of any parcel such assessment may be inequitable
the relative frontage may be changed to meet such condition. If the assessment is to be made
according to benefits, each lot or parcel shall be assessed such relative portion of the whole
sum to be levied as shall be proportionate to the benefits of such lot or parcel from the
improvement.
Section 10. Special assessment roll; contents.
The special assessment roll shall contain an accurate description of each parcel of land
in the special assessment district, the frontage on the improvement if the assessment is to be
made according to frontage, the valuation of the parcel as shown by the last preceding
assessment roll, or as determined by the Assessor as the case may be, and the amount of the
special assessment chargeable against each parcel.
(As amended November 7, 1950)
Section 11. Same; review, notice required.
The Assessor or Board of Assessors, as the case may be, shall attach to such special
assessment roll a certificate showing the action taken by the Assessor of Board of
Assessorshim or them, and shall thereupon file the roll with the Clerk who shall give notice of
the time and place when the Commission shall review said roll and hear objections thereto, by
publishing such notice for at least two successive weeks in one or more papers published and
circulated in the City of Muskegon.
Editor's note--The notice provisions in the above section are superseded by MCL 211.741 et
34
seq.
Section 12. Special assessment roll; review, confirmation.
At the time appointed or at some adjourned meeting the Commission shall review the roll
and shall hear and consider all objection thereto, whether written or oral. The Commission may
make any correction necessary or just or may refer the roll back to the Assessor or Board of
Assessors with directions to correct the same or to make a new roll as conditions may require. If
the roll shall be approved, the Commission shall pass a resolution confirming the same and the
Clerk shall endorse thereon a certificate showing the confirmation and the date thereof.
Section 13. Same; lien on premises.
Special assessment shall from the date of confirmation thereof constitute a lien on the
respective lots or parcels of land assessed and shall be a charge against the owner thereof until
paid.
Section 14. Special assessment roll; mayor's warrant; due date, interest.
Upon the confirmation of such roll the Mayor shall endorse thereon or attach thereto a
warrant bearing date the day of confirmation, commanding the City Treasurer to collect the
several sums thereon assessed. On all special assessments unpaid more than sixty days after
the date of confirmation the City Treasurer shall collect interest from the expiration of said
period at the rate of five percent per annum. The warrant shall remain in full force and effect
until the special assessment is paid or until it shall be levied on the general tax roll of the City as
herein provided.
Section 15. Assessed premises; apportionment.
In case there shall be a change in ownership of a portion of any of the lots or parcels
described on said roll, the Treasurer may divide such portion and allow each portion to be paid
by itself. In case of assessment by frontage the division shall be made in proportion to the
number of feet frontage. In case of assessment by benefits it shall be made in proportion to the
area of the respective portions.
Section 16. City Treasurer duties.
Upon receiving any special assessment roll and warrant, the City Treasurer shall
proceed to collect the amounts assessed thereon and the interest, if interest is payable.
Section 17. Unpaid special assessments; interest; City Treasurer, duties.
Between the first and fifteenth days of October in each year, the City Treasurer shall
make return duly certified by the City Treasurerhim of all special assessments or installments
thereof then in the City Treasurer’shis hands which are due and have remained unpaid and
shall add thereto interest at the rate of five percent per annum from the confirmation of the roll to
the first day of December following, and the City Assessor shall levy and assess the same on
the general assessment roll for that year in a separate column headed "Special Assessments."
Section 18. Invalid, defective assessments; reassessment authorized.
35
Whenever the Commission shall deem any special assessment invalid or defective for
any reason whatever, or if any court of competent jurisdiction shall have adjudged such
assessment to be illegal for any reason whatever, the Commission shall have power to cause a
new assessment to be made for the same purpose for which the former assessment was made,
whether the improvement or any part thereof has been made or not, and whether any part of the
assessment has been paid or not. All proceedings on such reassessment and for the collection
thereof shall be made in the same manner as provided for the original assessment. If any
portion of the original assessment shall have been paid and not refunded, it shall be applied
upon the reassessment and the reassessment shall to that extent be deemed satisfied. If more
than the amount reassessed shall have been paid, the balance shall be refunded to the person
making such payment.
Section 19. Same; court determination, restriction.
No special assessment shall be held invalid by any court by reason of the failure of the
Commission to take any of the steps herein prescribed before the assessment is ordered,
provided the notice of hearing prescribed in section two of this chapter shall have been given
and the hearing actually had, and no objections on the ground of such failure shall have been
made; nor shall any such special assessment be held invalid by reason of any default of the City
or its officers in the making of said assessment provided the notice of the confirmation of the
assessment roll shall have been given and the hearing thereof had and such objections shall
not have been raised or urged on such hearing.
Section 20. Unpaid assessments; action in assumpsit authorized.
At any time after any special assessment has become due and payable the same may
be collected by suit in the name of the city against the person assessed in an action of
assumpsit in any court having jurisdiction of the amount. In every such action a declaration upon
the common counts for money paid shall be sufficient. The special assessment roll and the
certificate of the confirmation thereof endorsed thereon and the warrant for the collection thereof
shall be evidence of the regularity of all the proceedings in making the assessment, and of the
right of the City to recover judgment therefor.
State law reference(s)--Authority for an action in assumpsit to recover unpaid assessments,
MCL 211.501 et seq.
Section 21. Same; assumpsit, defense, limitation.
If in such action it shall appear that by reason of any irregularity or informality the
assessment has not been properly made against the defendant or the lot or premises sought to
be charged the court nevertheless on proof that the expense has been incurred by the City
which is a proper charge against the defendant or the lot or premises in question, shall render
judgment for the amount properly chargeable against such defendant or upon such lot or
premises.
Section 22. Judgments, decrees; lien, impairment.
No judgment or decree or any act of the Commission vacating a special assessment
shall destroy or impair the lien of the City upon the premises assessed for such amount of the
assessment as may be equitably charged against the same or by a regular mode of proceeding
might have been lawfully assessed thereon, nor shall the bringing of any suit by the City for
36
such assessment be deemed a waiver of such lien nor of the right to enforce the same.
Section 23. Land, particular parcel; assessment authorized.
Whenever the Commission shall direct the construction or repair of any work whereby a
particular piece or parcel of land shall be benefited, or the abatement of any nuisance on any
such piece or parcel of land and by reason of default of the owner or occupant of such parcel in
performance thereof, the same has been done by the City, the expense thereof shall be a lien
on such premises and may be assessed as a special assessment on the general assessment
roll of the City.
Section 24. Same; notice required, regulations.
Before any such work or act shall be ordered the Commission shall give to the parties
interested a notice of not less than fourteen days of the time when they may be heard
concerning the same. Such notice shall be in writing and may be served personally or by
registered mail. If the residence of the owner of an premises to be affected shall not be known,
service may be made by publication in one of the newspapers of this City not less than three
times. In case of abatement of nuisances or other work requiring prompt action, such notice
may be of reasonable length as the conditions may require and as the Commission shall
determine.
Editor's note--The notice provisions in the above section are superseded by MCL 211.741 et
seq.
Section 25. Same; costs, computation; due date, interest.
The cost of such work shall include the cost of publication, if any, and all other expenses
incident thereto, and as soon as the same is ascertained the Clerk shall certify the amount
thereof to the Treasurer, giving the name of the person liable therefor and a description of the
premises chargeable therewith. The Treasurer shall thereupon give notice to the person named
of the amount thereof, personally or by registered mail, and that the same may be paid at the
Treasurer’shis office within thirty days thereafter without additional cost. If the same shall remain
unpaid after that time the Treasurerhe shall charge interest at the rate of six percent per annum
from the date of notice.
Section 26. Appeals; time, hearing; commission authority.
Any person interested in such assessment may appeal to the Commission from such
determination at any time within twenty days after the service of notice by the Treasurer and
may petition for hearing on the same. On receipt of such petition the Commission shall appoint
a time for hearing, of which notice shall be given to the petitioner. At the time fixed the
Commission shall hear and consider all objections that may be urged against the assessment
and then or at some subsequent meeting shall act on the same and shall affirm, modify or
cancel such assessment, as the case may require. Such assessment shall then be recertified to
the Treasurer and may be paid without additional charges within thirty days after the
determination by the Commission.
Section 27. Unpaid special assessments; certification to Assessor, levy.
Between the first and fifteenth days of October of each year the treasurer shall certify to
37
the assessor the amount of all such special charges in the Teasurer’shis hands that shall have
remained unpaid for the period of thirty days and the Treasurerhe shall include in said amount
interest thereon from the date the same were certified to him until the first day of December
following, at the rate of five percent per annum, and the Assessor shall levy the same on the
general tax roll in a column headed "Special Assessments" against the person or property to be
charged therewith. No special assessment shall be declared and held to be invalid by reason of
any defect or default in the proceeding herein prescribed provided the notice of hearing
provided for in section twenty-four has been given or provided that the person whose duty it was
to do such work had notice or knowledge that the same was being done by the City of
Muskegon and did not make objections thereto before the completion of the same.
Section 28. Railroads; land subject to special assessments.
The lands and premises of railroad corporations within the City of Muskegon, regardless
of the use which may be made thereof, shall be subject to special assessments as in this
chapter provided, the same as the lands and premises of other individuals or corporations, and
the owners or lessees in control thereof shall be liable for the payment of such special
assessments the same as are the owners of other lands.
State law reference(s)--Authority to levy special assessments for local improvements against
railroad property, MCL 211.7v.
38
CHAPTER XIV. FRANCHISES FOR PUBLIC UTILITIES AND OTHER FACILITIES
[Section 1. Right and jurisdiction reserved.]
The City reserves the right and jurisdiction provided by the laws of the State of Michigan
for the granting, refusal, administration and revocation by Home Rule Cities of franchises. The
City shall provide by ordinance for the requirements and conditions pursuant to which franchises
may be granted, refused, administered and revoked, concerning public utilities and other
franchisees. Franchises may be granted, refused, administered and revoked pursuant to city
ordinance in accordance with the Constitution and the laws of the State of Michigan.
(As amended November 4, 1997)
39
CHAPTER XV. CIVIL SERVICE*
__________
*Editor's note--This chapter is an amendment adopted November 5, 1936.
State law reference(s)--Charter may provide for a system of civil service for its employees,
MCL 117.4i(h).
__________
Section 1. Board of civil service commissioners; appointment, term, filling vacancies,
compensation.
The Mayor by and with the consent and advice of the City Commission shall appoint
three persons, citizens and residents of said City, who shall constitute and be known as the
board of civil service commissioners of such City, and shall designate one of the persons so
appointed to serve for a term of two years, one for a term of four years and one for a term of six
years from the first day of January in the year of their appointment and until their respective
successors are appointed and qualified. Each alternate year thereafter the Mayor with the
advice and consent of the City Commission shall appoint one person as the successor of the
member whose term shall expire to serve for six years. Any vacancy shall be filled by the Mayor
with the advice and consent of the City Commission for the unexpired term. No member shall
hold any other lucrative office or employment, except notaries public, under the United States,
the State of Michigan, or any municipal corporation or political division thereof, and each
Commissioner shall before entering upon the discharge of the duties of thehis office and within
ten days after receiving notice of his appointment, take and subscribe the oath of office
prescribed by the Constitution of this State, and file the same, duly certified by the officer
administering it with the Clerk of this City. The Commission shall at a meeting in January of
each alternate year following the appointment of the commissioner to be appointed at each
alternate year, elect one member to act as president and one member to act as vice president,
each for a term of two years, and until successor is duly elected. Two commissioners shall
constitute a quorum necessary for the transaction of business. The Mayor with the advice and
consent of the City Commission may remove a commissioner during a term of office only upon
stating in writing the reasons for removal and allowing the Civil Service Commissionerhim an
opportunity to be heard in public in theirhis own defense and to be represented by counsel at
any and all hearings on proceedings of removal from office. The Commission shall serve without
salary.
Section 2. Powers and duties.
The Commission shall classify all the offices of employment; shall make rules for the
examination and selection of persons to fill the offices and positions in the classified service;
shall supervise the administration of the civil service rules, hold examinations thereunder from
time to time, giving due notice thereof, prepare and keep an eligible list of persons passing such
examinations, and certifying the names of persons thereon to appointing officers of the several
departments; shall by itself or otherwise investigate the enforcement of the provisions of this
chapter of the Charter, of its own rules and of the action of appointees in the classified service;
provided however, that the rules made by the Commission and the system in marking
examinations thereunder shall not be changed for a period of thirty days prior to or after such
examinations and such systems of marking shall be published in advance of such examinations
40
and copies furnished to all applicants. No credit shall be allowed for experience until the
applicant taking the examination has at least attained the percentage fixed as the minimum.
Section 3. Classified service; applicants, examination required.
All applicants for office or positions in said classified service, except those otherwise
specified, shall pass an examination. All persons desiring to appear for examination shall file
with the Commission a statement in relation to their name, residence and post office address;
their citizenship; their age, place of birth, health and physical capacity for the public service;
previous employment in the public service; business or employment and residence for the
previous five years and their education.
Section 4. Eligible lists, grades; leaves, transfers, resignations.
For [From] the returns of the examinations held by the Commission, it shall prepare an
eligible list for each grade or class of position in the competitive classified service of the City.
The Commission shall strike off the names of candidates from the eligible list after they have
remained thereon one year, provided however, that any list may be extended by the
Commission for a period of not exceeding one year. The Commission may upon the written
request of any person who has previously been in the classified service for a continuous period
of not less than three years grant upon request to such person a leave of absence to engage in
other work of a governmental nature or character provided that the reasons for the requesting
and granting of such leave of absence are at the time of such request and permission made a
part of the minutes of the proceedings of the Commission. The Commission may grant leaves of
absence for reasons of health or for service in defense of country and upon the expiration of the
term of leave as fixed by the Commission or extended by it upon further application for an
extension, reinstate said person in the service in the same kind and grade of work the person he
was performing at the time of theirhis request for leave of absence. The Commission may upon
written request of any person who has previously been in the classified service for a continuous
period of not less than three years and who shall not have been out of the service for more than
one year, and who shall have resigned from the service in good standing, reinstate said person
in the service by placing the personhim at the foot of the eligible list applicable to such kind and
grade of service.
Section 5. Filling positions, procedure.
The head of any department in which a position is to be filled shall notify the commission
of that fact and in the event the position is to be filled by promotion from one grade of service to
another, then the commission shall certify to the appointing officer the name and address of all
employees seeking the promotion who meet the minimum qualification, but in the event that the
position to be filled is one for which no employee may promote to the position then the
commission shall certify to the appointing officer the names and addresses of all applicants
meeting the minimum qualifications. At or before the expiration of the period of probation the
head of the department or office in which a candidate is employed may, with the consent of said
commission, based upon the written reasons submitted to it, discharge the personhim, or the
commission may transfer the personhim to another department with the consent of the head of
such department, but if not discharged prior to the expiration of the period of probation, as
hereinafter fixed, the person’shis appointment shall be deemed completed.
.
41
Annotation--Employees of the fire department brought an action for a declaratory judgment
for construction of the provisions of the Charter concerning the eligible list and the effect of
promotion of the person standing highest on the list. The civil service commission argued that,
after the top person on the list has been promoted, the list can serve no further purpose. The
plaintiffs argued that, after the top person is promoted, the list is still viable and the person next
in line moves up to the priority position. The Supreme Court of Michigan adopted the latter
argument as being "the clear intent" of the Charter and affirmed a decree for the plaintiff
firemen. See Caswell v. Board of Civil Service Commission of Muskegon, 25 N.W. 2d 178
(1946).
Section 6. Promotions; regulations authorized.
The Commission shall provide the rulesides for promotion to all offices in the classified
service, based upon merit, efficiency, character, conduct and seniority.
Section 7. Appointive officers; civil service regulations inapplicable.
The following officers and employees shall not be affected by the provisions of the civil
service: Officers appointed by the City Commission; directors of the several City departments as
in this Charter defined.
Section 8. Temporary appointments; procedure.
To prevent the delay of special business or to meet extraordinary exigencies, the
appointing officer of each department with the approval of the Civil Service Commission, may
make temporary appointments to remain in force not exceeding sixty days, and only until legal
appointments under the provisions of this chapter can be made, provided, however, that no
person who does not possess the minimum requirements for such position as may be
prescribed by the rules of the Civil Service Commission shall be permitted to serve in such
temporary positions. No person shall receive more than one temporary appointment in any one
fiscal year. In case of an emergency or in the event of the necessity for filling such positions
created by an emergency, an appointment may be made of not to exceed thirty days duration,
which appointment shall be immediately reported to the Civil Service Commission.
An appointment or promotion shall not be deemed complete until a period of probation of
not to exceed six months has elapsed and a probationer may be discharged or reduced at any
time within said period of probation upon written recommendation of the department head with
the advice and consent of the Civil Service Commission.
If at any time it shall be deemed necessary by the Municipal Government or any division
thereof to reduce the personnel of any department such reduction shall be had by suspending in
numerical order, commencing with the probationers, if any, then the last appointee and
continuing until such reduction in personnel as may be required by the particular exigencies of
the time, shall have been made. Any increase of personnel of such department to the status or
number existing prior to said reduction shall be by reinstating the last employee so suspended
and continuing in numerical order until all such reinstatements shall have been made.
Section 9. Classified service, unclassified service; composition.
The Civil Service of the City is hereby divided into classified and unclassified service.
The unclassified service shall include the several officers and positions hereinbefore described
to be excepted from the provisions of this chapter. The classified service shall comprise all
42
positions not specifically included in this Charter in the unclassified service. There shall be in the
classified service three classes to be known as the competitive class, noncompetitive class and
labor class. The competitive class shall include all positions and employment for which it is
practical to determine the merit of applicants by competitive examination. The noncompetitive
class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific,
managerial, professional or educational character as may be determined by the rules of the Civil
Service Commission. The labor class shall include ordinary unskilled labor.
Section 10. Classified service; discharge, suspension, reduction in rank, compensation;
hearing required.
No employee under the classified service shall be discharged or reduced in rank or
compensation until the employeehe has been presented with the reasons for such discharge or
reduction specifically stated in writing, and has been given an opportunity to be heard in their his
own defense and any counsel retained by the employeehim may present the employee’shis
cause to the Civil Service Commission. The reasons for such discharge or reduction and any
report in writing thereunder by such employee shall be filed with the Civil Service Commission.
Any employee of any department in the classified service who is suspended, reduced in rank or
dismissed, may appeal to the Civil Service Commission which shall designate the manner, time
and place by and at which such appeal shall be heard. All hearings before the said Civil Service
Commission shall at all times be open to the public. In the event that the Civil Service
Commission shall not sustain the charges made against such employee, the said employee
shall thereupon be entitled to resume his position and to receive compensation for the time lost.
Section 11. Civil Service Commission; members; gifts, compensation, etc.; prohibited.
No member of the Civil Service Commission shall receive any money or other valuable
consideration from any candidate for appointment, for examination or from any other person for
or on account of said candidate, nor shall any officer or employee of the City be permitted to
give either directly or indirectly to any person any money or other valuable consideration
whatsoever for, or on account of his promotion.
Section 12. Personnel director; appointment authorized; compensation, restriction.
The Civil Service Commission may appoint a personnel director who shall act and serve
under the direction of said Commission and at the pleasure of such Commission, and such
personnel director may be an employee in the municipal service. The salary of such personnel
director, if he is taken from other than a municipal service, shall be fixed by the Commission, but
if taken from the municipal service, he shall fill the duties of personnel director without other
compensation than that paid him i in theirhis other employment.
Section 13. Present employees; appointments, eligibility; examinations waived.
All persons in the employ of the City holding positions in the classified service at the time
of the going into effect of the Charter as such services are defined by this Chapter of the
Charter, are hereby declared eligible for permanent appointment without examination or other
act on their part.
Section 14. Political, religious, etc., beliefs; discrimination prohibited.
No discrimination shall be exercised, threatened or promised to any person coming
43
under the provisions of this chapter of the Charter because of theirhis political or religious
opinions, beliefs or affiliations.
Section 15. Department payrolls; delivery to Commission.
The Commission shall be furnished by each department under its jurisdiction with a copy
in duplicate of each payroll on the day designated by the Commission, and the Commission
shall examine such copies to determine if all the names and no other names are on said payroll
than those on the active list and that they have been properly certified by the Commission.
Section 16. City Commission; civil service, maintenance; annual appropriation required.
The City Commission shall appropriate each year a sufficient sum to carry out the
several provisions of the chapter of the Charter.
Section 17. Conflicting provisions repealed.
Any provisions of any chapter or section thereof of the Charter of the City of Muskegon
which may be found to be in conflict with any of the provisions of this chapter and the several
sections thereof or inconsistent therewith are hereby repealed.
44
CHAPTER XVI. RETIREMENT SYSTEM FOR THE EMPLOYEES OF THE CITY OF
MUSKEGON EXCLUSIVE OF POLICEMEN, FIREMEN, ET AL*
__________
*Editor's note--This chapter is an amendment adopted November 5, 1946, as amended
August 7, 1975.
__________
Section 1. Employee retirement system to be provided by ordinance.
A complete retirement system shall be provided for the employees of the City of
Muskegon, exclusive of policemen and firemen, by general ordinance. The benefits applicable
to the members of the Charter Retirement System at the time of the adoption of this Charter
amendment shall not be diminished by the Ordinance retirement system.
Section 2. Administration board of trustees.
The retirement system shall be administered by a board of trustees consisting of:
(1) Two members of the City Commission to be selected by the Commission, to
serve at the pleasure of the Commission.
(2) The City Manager by virtue of his office.
(3) A citizen who is an elector of the City, to be appointed by the Mayor with consent
of the City Commission.
(4) Three members of the retirement system to be elected by the members of the
system under such rules and regulations as the board of trustees shall from time
to time adopt, provided that no more than one such trustee shall be from any one
city department.
Section 3. Effective date.
The effective date of this Charter amendment shall be January 1, 1976, but Chapter XVI
of the Charter as it existed at the time of the adoption of this amendment shall continue in full
force and effect until the enactment by the City Commission, and the taking effect of the
ordinance provided for in Section 1 hereof.
Section 4. Repeal of former Sections 5 to 38 and conflicting provisions.
Sections 5 to 38, both inclusive, of Chapter XVI of the Charter of the City of Muskegon
are hereby repealed. All provisions of the Charter inconsistent with the provisions of this Charter
amendment are hereby repealed to the extent of such inconsistency. The adoption of this
Charter amendment shall not be construed as reenacting any Charter provisions heretofore
repealed by said Chapter XVI.
Sections 5--38. Reserved.
45
Section 39. Amendment; effective date.
The 1956 amendments to Chapter XVI (sections one through thirty-nine) of the City
Charter shall become effective as of the social security date.
CHAPTER XVII. MISCELLANEOUS
Section 1. Trades, occupations, amusements; regulations, licenses, expiration date.
The City Commission may regulate and license trades, occupations and amusements
within the City boundaries and prescribe the terms and conditions of such licenses, but every
license shall terminate on or before May first after it is granted.
State law reference(s)--Authority to regulate trades and business, MCL 117.4i(d).
Section 1a. Employees; life, health, accident benefits.
The City Commission shall be authorized to provide group life, health and accident
and/or hospitalization insurance, including surgical and medical expense and dependent
coverage, for City employees, either with or without participation in the cost thereof by said
employees, and to appropriate the necessary funds therefor.
(As amended November 4, 1952)
State law reference(s)--Authority to provide employee accident and death benefits, MCL
117.4i(h).
Section 2. Streets, alleys; plan.
It may make a plan of streets and alleys within its limits and for a distance of three miles
beyond and require all streets and alleys laid out and dedicated to the public within the territory
covered by such plan to correspond therewith.
State law reference(s)--Authority to make a plan for streets and alleys, MCL 117.4h.
Section 3. Zoning.
It may prescribe by ordinance districts within the City which shall be used only for
residence purposes and residence districts within which a limited amount of business to be fixed
by the ordinance may be allowed and districts within which business, trades and occupations
may be carried on, and make reasonable regulations concerning the same.
State law reference(s)--Authority to provide for zoning districts, MCL 117.4i(c).
Section 4. Buildings; construction, repair; building lines.
It may regulate the construction and repair of buildings within the City and establish
building lines.
Section 5. Real estate taxes; indigent persons; payment, requisites.
It may pay the real estate taxes of any person who in the judgment of the Commission is
too poor to pay the same, but in all cases where the Commission shall pay such taxes it shall
46
take and retain a mortgage lien upon the land against which the taxes are assessed, the form of
which shall be determined by the City Attorney, and which shall take precedence over all
subsequent transfers or incumbrances and shall be recorded and enforced as other mortgages.
Section 6. Employees, contractors; working hours; ordinance authorized.
Eight hours per day (forty-eight hours per week) shall constitute the regular working time
for all persons engaged in work for or sublet by the City and every contract involving the hiring
of help to be employed on City work shall contain a provision so fixing the hours of employees
engaged on work for which such contract provides, provided however, that this section shall not
apply to City officers nor boards and that the City Commission may by ordinance fix the working
time of the City's clerical force and the members of the fire department.
Section 7. City litigation; bonds, not required.
In case the City shall take an appeal in any court or shall cause a writ of error to be
issued in its behalf in any suit brought by or against the City it shall not be necessary in order to
perfect such appeal or to stay proceedings upon any judgment or decree for the City to execute
any bond or other undertaking.
Section 8. City council; continuance in office; successors.
The existing council at the time this Charter takes effect shall continue in the
administration of the City's affairs under the prior Charter until the first day of January, 1920,
and the then existing officers and employees of the City shall continue to perform the duties of
their respective positions until their successors are chosen and qualified.
Section 9. Initial election under Charter, requisites.
The Council in office at the time of the adoption of this Charter shall make all necessary
arrangements in accordance with the provisions hereof for the first election under its provisions
which shall be held on the fourth day of November, A.D., 1919, and shall appoint temporary
inspectors of registration and election therefor and shall meet and canvass the votes cast at
such election in place of the board of election commissioners and shall do everything in that
regard prescribed by this Charter to be done by such election commissioners or the City
Commission; provided, however, that the ballots shall be prepared by the City Recorder.
Section 10. Previous Charter; superseded by this Charter; saving clause.
This Charter shall supersede the existing Charter of said City but all rights and rights of
action now existing, all suits in course of prosecution for or against the City under the former act
of incorporation shall remain unimpaired and all taxes levied and uncollected shall be collected
the same as if this Charter had not been adopted and in case the course of proceeding provide
for in this Charter shall differ from that in the one which it supersedes, either method may be
followed, it being the intention that no rights of any name or nature in existence at the time of
the adoption of this Charter shall be lost or jeopardized.
CHAPTER XVIII. RESERVED*
__________
*Editor's note--This chapter was adopted April 1, 1935, and amended November 6, 1956, and
47
related to the municipal court. It has been omitted, since such courts have been abolished by
MCL 600.9921.
48
__________
CHAPTER XIX. POLICEMEN AND FIREMEN RETIREMENT SYSTEM*
__________
*Editor's note--This chapter was adopted November 7, 1944, and originally set out the
retirement system in detail. The amendment of August 7, 1973, amended the chapter to read as
set out herein.
__________
Section 1. To be established by ordinance; existing benefits not to be diminished.
A complete retirement system shall be provided for policemen and firemen of the City of
Muskegon, by general ordinance. The benefits applicable to the members of the Charter
Retirement System at the time of the adoption of this Charter Amendment shall not be
diminished by the Ordinance Retirement System.
(As amended August 7, 1973)
Section 2. Repealer.
Sections two to forty-five, both inclusive of chapter XIX of the Charter of the City of
Muskegon are hereby repealed. All provisions of the Charter inconsistent with the provisions of
this Charter Amendment are hereby repealed to the extent of such inconsistency. The adoption
of this Charter Amendment shall not be construed as reenacting any Charter provisions
heretofore repealed by said chapter XIX.
(As amended August 7, 1973)
Section 3. Effective date; continuation of existing system until ordinance adopted.
The effective date of this Charter Amendment shall be January 1, 1974, but chapter XIX
of the Charter as it existed at the time of the adoption of this Amendment shall continue in full
force and effect until the enactment by the City Commission, and the taking effect of the
Ordinance provided for in section one hereof.
(As amended August 7, 1973)
CHAPTER XX. CHARTER PARK LANDS
[Section 1. Establishment.]
The City Commission may establish, by resolutions from time to time, on lands in the city
owned by it in fee simple, parks and park land, to be called Charter Parks. A resolution
establishing such Charter Park or Parks shall contain the complete legal description of the land
to be included, and shall refer to the City Charter as constituting the authority for such
establishment. Upon the final adoption of such resolution it shall be certified and recorded at the
Register of Deeds, in addition to any other required public notice. Thereafter, land established
by any such resolution as a Charter Park shall not be sold, mortgaged, transferred or conveyed
by the City except with the approval of the majority of the electors voting at an election held in
49
the City. The establishment of a Charter Park by this method shall be irrevocable. The City
Commission may in its discretion prescribe that public notice shall be given, and direct the form
thereof, before consideration of any such resolution. This provision shall not prevent other lands
from being city parks or park land.
(Added August 4, 1998)
50
CHARTER COMPARATIVE TABLE
This table shows the location of the amendments to the basic charter.
TABLE INSET:
Referendum Section Disposition
Date this Charter
Chapter/Section
5- 8-1920 VIII/3
9-11-1934 VIII/3
4- 1-1935 III/1
XVIII
11- 7-1944 XIX
11- 5-1946 XVI/1--4
4- 7-1947 II/5, 15
11- 7-1950 XIII/4, 10
11- 6-1956 XVIII
11- 3-1964 III/4
8- 7-1973 XIX/1--3
8- 7-1975 XVI/1--4
11- 2-1982 1 I/4
2 II/8
3 III/1, 3
11- 8-1994 1 III/1, 2, 5
2 XI/6
11- 4-1997 XIV
8- 4-1998 XX
11- 2-1999 III/10
2-22-2000 VII/19
11-2-2004 VIII/3
11-3-2009 VIII/1, 3
XI/2, 4
11-5-19 XV,5
51
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 7/13/2021 Title: Olympia Ice Resurfacer
Submitted By: Mike VanderMolen Department: Mercy Health Arena
Brief Summary: Purchase a new replacement Olympia ice resurfacer (Zamboni).
Detailed Summary: Our current ice resurfacer is 22 years old. We are looking toward the future,
and a new resurfacer now will give us at least another 25 years of service. This is a piece of
equipment that is absolutely essential for arena operations and ice maintenance. During a typical
9-month season, it is used almost all day, 7 days per week. The new 2022 model is more fuel
efficient, is much “smarter” with how it maintains the ice, and is also fully compatible with our
current ice laser cutting system. The build time is about 10 months, so we need to order it soon to
be ready for the 2022-2023 season.
Amount Requested: 102,175 Amount Budgeted: 125,000
Fund(s) or Account(s): 254 Fund(s) or Account(s):
Recommended Motion: Authorize purchase.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: Issue Media Group
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to partner with the Community Foundation of
Muskegon County to underwrite Issue Media Group in Muskegon for the 2021-22 fiscal year.
Detailed Summary: Issue Media Group is a weekly publication that looks to revive traditional media in
smaller or underserved markets. The content is 100% independent – meaning that the underwriters do not
drive the content. The strategy is to focus on news features/stories in our community from the perspective
of finding solutions. While we do still have active media in Muskegon, its exceedingly difficult to cover all
of the great things happening in the area. This partnership will help ensure that more of the stories coming
from our neighborhoods are being told in a thoughtful and thorough way.
Some may already be familiar with their work out of Holland under the title Second Wave Media. Note
that they have done a few features of Muskegon based-news as well:
https://www.secondwavemedia.com/lakeshore/features/lakeshore_community_pride_hosts_ball.aspx
https://www.secondwavemedia.com/lakeshore/features/muskegon_food_distribution.aspx
https://www.secondwavemedia.com/lakeshore/features/survey_job_seekers.aspx
Amount Requested: $12,000 Amount Budgeted: $12,000
Fund(s) or Account(s): *Multiple Fund(s) or Account(s): *Multiple
Recommended Motion: Authorize the expenditure of $12,000 to partner with the Community Foundation
for Muskegon County and Issue Group Media.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Issue Media Group Proposal for City of
Muskegon
Addressing Local News Decline
Because of the decade-long decline of local newspapers across the country, many
communities are left with significantly diminished news coverage, creating
neighborhood news deserts. As local news outlets struggle with shrinking capacity,
these communities are receiving less coverage of critical issues like economic
development and jobs, entrepreneurship, housing, education, health, transportation,
placemaking, environment and arts and culture.
IMG approaches the issue of news deserts by asking the following
questions:
How do communities support and amplify news coverage that
increases community attachment to include topics that are crucial to
informed decision-making?
How does this coverage specifically relate to the information needs of
next-generation talent?
How do communities attract, engage, and retain talent while creating a
narrative about talent, opportunities and transformation in the region?
How do communities lift up resident voices to increase awareness,
understanding and investment in neighborhoods and high need
communities across the region?
Strategy
Issue Media Group (IMG) proposes weekly, editorially independent, solutions-oriented
features and news stories about Muskegon County/The Lakeshore. The content will be
published in IMG’s Lakeshore area publication, and will aim to increase attachment to
place, support attraction and retention of talent and business in the region, and
increase resident voice. The stories will be written, photographed and filmed by
journalists, photographers and filmmakers in the region.
IMG uses the principles of solutions journalism as the core of its editorial mission.
This approach helps readers understand complex challenges in the community by
focusing on the organizations, projects, programs and individuals working to improve
conditions and solve problems.
The organizations and individuals that IMG covers often see significant increased
awareness and validation of their work and impact. The stories are often used as third-
party validation and help to develop new partnerships and business, attract talent in
addition to securing grant dollars with new funders including foundations and the
public sector.
The work will be made possible with underwriting support from a coalition of local
stakeholders anchored in the region. The coalition members will direct their financial
support to increased coverage of critical issues facing the community. This is a
sustainable journalism model that IMG has activated in over 25 regions during the
past 15 years.
Community engagement is critical for better stories and greater impact
Community engagement is critical for impactful journalism and requires significant
time sitting with, listening to and participating in community conversations. IMG
regularly hosts editorial advisory meetings to bring stakeholders, businesses and
residents together to brainstorm story ideas with the organizations and individuals
closest to the work. IMG also ensures that journalists are attending community
meetings and events to listen and develop trusted relationships with leaders and
residents that shape the community’s unique stories.
Content reuse
City of Muskegon will receive the ability to reuse IMG content on their websites,
newsletter, social media and other online communications.
Local Editorial Advisories
IMG will invite City of Muskegon to local editorial advisory meetings to brainstorm
story ideas for the publication. These meetings provide City of Muskegon an
opportunity to meet other important local community stakeholders and connect with
IMG’s local editorial team.
Branding & Advertising
IMG will collaborate with City of Muskegon to identify content areas within the
publication that will be branded with the City of Muskegon logo and/or specific
campaign ads.
Pricing
The program in Muskegon County/The Lakeshore will be funded by a coalition of
partners.
Total for City of Muskegon $12,000
Minimum budget to launch in Muskegon* $36,000
*This project and launch budget are designed for Lakeshore/Muskegon County
specifically
Terms
Payment terms: Payment due upon receipt of invoice(s).
Contract duration: 12 months, beginning July 1, 2021 – June 30, 2022
No amendment, change or modification to this contract will be effective unless it is in
writing and signed by both parties. Either Issue Media Group or City of Muskegon may
terminate this contract for any reason by giving the other party 30-days written notice.
This contract contains the entire agreement between IMG and City of Muskegon and
there are no other conditions in any other written or oral agreement concerning the
subject matter in this contract. This contract supersedes any prior written or oral
agreement between IMG and City of Muskegon.
In the event that IMG does not develop a sponsorship base that hits the necessary
financial launch target, City of Muskegon will not be held to this sponsorship
agreement.
Issue Media Group’s Underwriting Policy
Issue Media Group offers its underwriters the opportunity to directly align their brands
with content about talent, innovation, diversity, and place. In addition, IMG provides
corporations, governments, institutions, nonprofits, and foundations with similarly
focused missions a way to use their media budgets to support and expand coverage of
job growth, economic development, real estate, non-profit innovation, city building,
and place making.
Underwriting is the basis of our model as a publication. Underwriters are considered
crucial to our organization and their support is the reason that IMG is able to produce
content within a broad spectrum of topics. Support from underwriters allows IMG to
dedicate editorial resources to cover key issue areas that are of importance to both the
underwriter and IMG’s mission.
We work with like-minded stakeholders who have shared values and missions.
Because of our intersecting interests, we may cover our underwriters' work
journalistically. However, IMG observes strict boundaries regarding the direction,
review, and approval of content that is published.
IMG encourages underwriters to pitch ideas through Editorial Advisories and to our
editorial teams. We value the knowledge our partners bring to our work, and we
encourage underwriters to send story ideas, trends in underwriters' areas of expertise,
and press releases. However, published content is at the discretion of the editorial
teams and all final decisions regarding content are made without client approval.
While underwriters are not allowed to review or approve content, IMG works with them
to establish focus areas that will be included in coverage. If an underwriter desires the
ability to direct or edit content, the content will be considered “Partner Content,” and
given a treatment that distinguishes it from editorial content. The underwriter's logo
will be embedded in the story and a transparency statement will be included.
IMG works with underwriters to fully understand the issues they care about. However,
IMG trusts its editorial teams to shape stories around issues in a way that will resonate
with readers.
IMG honors truthfulness and strives to avoid conflicts of interest in our reporting. This
includes real conflicts and acts that may appear to be a conflict. To this end, we opt to
disclose any relationships with underwriters that could be perceived as complicating
our journalistic mission.
Coalition membership approval
By signing this proposal, the undersigned Client representing City of Muskegon
authorizes Issue Media Group to proceed with the work described in this proposal and
to bill according to the terms indicated above.
Accepted by City of Muskegon: Accepted by Issue Media Group:
________________________________ _____________________________
Signature Signature
________________________________ ______________________________
Name Paul Schutt
_________________________________ ______________________________
Date Date
About Issue Media Group
Issue Media Group publishes weekly digital magazines focused on what's next for cities
and regions across the country. IMG publications aim to connect readers to their city's
most visionary and active people, businesses and organizations—the people who are
making changes and solving problems.
IMG publications cover corporate growth to small neighborhood movements,
highlighting the development and innovation that are propelling cities and
communities forward. IMG magazines focus on solutions journalism and cover topics
such as economic and neighborhood development, healthy communities, arts and
culture, entrepreneurship, non-profits, sustainability, leadership, and technology.
IMG’s 12 Michigan publications reach roughly 1.2 million readers across the state each
year.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: CDBG/HOME Annual Action Plan
Budget
Submitted By: Oneata Bailey Department: Community and Neighborhood
Services (CNS)
Brief Summary: To approve the 2021 Annual Action Plan Budget representing the funding
allocations from Housing and Urban Development (HUD) for Community Development Block Grant
(CDBG) funds and HOME Investment Partnership Act (HOME) dollars.
Detailed Summary:
Upon review with the Citizen District Council and Public Comment submissions, the CNS
Department has compiled a budget of proposed program activities to be funded in the coming
year- July 2021 through June 30, 2022. Attached is the Budget / Program Activity Services funded
with CDBG and HOME allocations for 2021 Annual Action Plan.
Amount Requested: N/A Amount Budgeted: CDBG- $988,508
HOME- $336,456
Fund(s) or Account(s): Fund(s) or Account(s): 472/473
Recommended Motion: To approve the 2021 Annual Action Plan Budget for CDBG and HOME
HUD allocations.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CDC
2018 CNS Staff Proposed
CDBG Organization/Agency Activity Budget Proposed 2019 2019
COM - Finance Youth Opportunities/Summer Internships $ 55,000.00 $ 20,000.00
COM - CNS CDBG Admin ** $ 187,531.34 $ 197,690.20 $ 197,690.20
COM - CNS Priority Home Repair $ 125,000.00 $ 100,000.00
COM - CNS Services Delivery $ 75,000.00 $ 65,000.00 $ 65,000.00
COM - CNS Residential Façade Program $ 50,000.00 $ 50,000.00
COM - Finance Fire Station Bond Repayment $ 133,400.66 $ 254,166.66 $ 254,166.66
COM - Inspections Dangerous Bldgs - Demolition $ 50,000.00 $ 25,000.00
COM - Inspections Dangerous Bldgs - Board-Ups $ 10,000.00 $0
COM - Leisure Services Youth Recreation* $ 90,000.00 $ 100,000.00
COM - Planning Code Enforcement Staff $ 25,000.00 $0
COM - Engineering Smith Ryerson Park $ 96,726.00
COM - Engineering Neighborhood Beautification - 3rd St Sidewalks $ 40,000.00
COM - Planning Economic Development Staff $ 10,000.00
COM - CNS Youth Center Staff $ 111,594.14
COM - Engineering Sidewalks - ADA CDC $ 10,000.00
COM - DPW Skate Park CDC $ 30,000.00
TOTAL $ 937,658.00 $ 973,451.00
*15% Public Service - $146,017 Cap BOLD=SET AMOUNTS Allocated Amount:
$ 973,451.00
CDC
2018 CNS Staff Proposed
HOME Organization/Agency Activity Budget Proposed 2019 2019
CHDO Allocation Housing Affordable Units**** $ 50,000.00 $ 50,222.70 $ 50,222.70
CHDO Administration Administration $ 5,000.00 $0
COM - CNS HOME Administration*** $ 32,768.00 $ 33,481.80 $ 33,481.80
COM - CNS Rental Rehab $0 $ 20,000.00
COM - CNS HOME Rehab Construction * $ 239,913.00 $ 231,113.50
COM - CNS HOME Infill $0 $ 121,113.50
TOTAL $ 327,681.00 $ 334,818.00
Allocated Amount:
$ 334,818.00
CDBG Organization/Agency Activity
COM - Finance Youth Opportunities/Summer Internships
COM - CNS CDBG Admin **
COM - CNS Priority Home Repair
COM - CNS Services Delivery
COM - CNS Residential Façade Program
COM - Finance Fire Station Bond Repayment
COM - Inspections Dangerous Bldgs - Demolition
COM - Inspections Dangerous Bldgs - Board-Ups
COM - Leisure Services Youth Recreation*
COM - Planning Code Enforcement Staff
COM - Engineering Smith Ryerson Park
COM - Engineering Neighborhood Beautification - 3rd St Sidewalks
COM - Planning Economic Development
COM - CNS Youth Center
COM - Engineering Sidewalks - ADA
COM - DPW Skate Park
COM - ? Construction of ADA Enhancements-Convention
TOTAL
*15% Public Service - $146,017 Cap BOLD=SET AMOUNTS
HOME Organization/Agency Activity
CHDO Allocation Housing Affordable Units****
CHDO Administration Administration
COM - CNS HOME Administration***
COM - CNS Rental Rehab
COM - CNS HOME Rehab Construction *
COM - CNS HOME Infill
TOTAL
CDC
2018 CNS-Staff Proposed
Budget Proposed 2019 2019
$ 55,000.00 $ 20,000.00 $ 20,000.00
$ 187,531.34 $ 197,690.20 $ 197,690.20
$ 125,000.00 $ 100,000.00 $ 125,000.00
$ 75,000.00 $ 65,000.00 $ 65,000.00
$ 50,000.00 $ 50,000.00 $ 50,000.00
$ 133,400.66 $ 254,166.66 $ 254,166.66
$ 50,000.00 $ 25,000.00 $ 25,000.00
$ 10,000.00 $ - $ -
$ 90,000.00 $ 100,000.00 $ 100,000.00
$ 25,000.00 $ - $ -
$ 96,726.00
$ 40,000.00
Staff $ 10,000.00 $ -
Staff $ 111,594.14 $ 86,594.14
CDC $ 10,000.00 $ 20,000.00
CDC $ 30,000.00 $ 20,000.00
n Center $ 10,000.00
$ 937,658.00 $ 973,451.00 $ 973,451.00
Allocated Amount:
$ 973,451.00
CDC
2018 CNS-Staff Proposed
Budget Proposed 2019 2019
$ 50,000.00 $ 50,222.70 $ 50,222.70
$ 5,000.00 $ - $ -
$ 32,768.00 $ 33,481.80 $ 33,481.80
$0 $ 20,000.00 $ 20,000.00
$ 239,913.00 $ 110,000.00 $ 231,113.50
$0 $ 121,113.50 $ 121,113.50
$ 327,681.00 $ 334,818.00 $ 455,931.50
Allocated Amount:
$ 334,818.00
CDBG Activity 2021 Proposed
COM - CDBG Admin $197,701
COM - CPriority Home Repair $260,000
COM - Services Delivery $75,000
COM - CResidential Façade Program $60,124
COM - Fire Station Bond Repayment $243,910.07
COM - Public Facility/Park $51,772.93
COM - Youth Recreation $100,000.00
$988,508
HOME Organization/Agency 2021 Proposed
CHDO Allocation
CHDO A Activity
COM - Administration $33,645.60
CHDO Community Development Housing Organization $50,468.40
COM - CBrownfield Development $252,342.00
$336,456
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 07/13/2021 Title: Liquid Sodium Hypochlorite
Submitted By: Joe Buthker Department: Public Works - Filtration
Brief Summary: Staff is requesting authorization to accept the temporary price increase of liquid
sodium hypochlorite from Alexander Chemical.
Detailed Summary:
The Water Filtration Plant uses sodium hypochlorite in the production of drinking water. The
application of sodium hypochlorite is one of several crucial processes used to inactivate or remove
pathogens from the water. Since 1996, the Water Filtration Plant has solicited competitive bids for
water treatment chemicals jointly with the cities of Grand Haven, Grand Rapids, Holland,
Muskegon Heights, and Wyoming.
Recently, major disruptions have occurred in the liquid sodium hypochlorite supply chain. Demand
for precursor materials has well exceeded supply. Our supplier of liquid sodium hypochlorite,
Alexander Chemical, has been able to obtain a limited supply of these materials in order to keep
us supplied with the liquid sodium hypochlorite we require. However, it has come at a premium
cost, with material prices increasing as much as 210%. This is an industry-wide problem and we
would have experienced similar challenges with any of the other companies that provided quotes
for the work.
At the April 13, 2021 meeting, the Commission approved a bid from Alexander Chemical at
$156.67 per ton ($0.78 per gallon). Alexander Chemical is requesting a temporary price increase
until the market stabilizes and pricing comes back in line. Alexander requests an increase to
$205.58 per ton ($1.03 per gallon) to return to a break-even state after recently losing money on
every order. Grand Rapids holds the master agreement for the purchasing cooperative and has
already approved this change order.
The Water Filtration Plant has used an average of 456 tons of liquid sodium hypochlorite the
previous two fiscal years. The temporary increase could cost an additional $22,302.96 annually
based on average use. Liquid sodium hypochlorite is included in the budget, but the actual amount
spent will depend on water demand and source water quality. The additional amount requested will
be addressed in a budget reforecast if necessary.
Amount Requested: $93,744.48 (estimate) Amount Budgeted: $72,864.00
Fund(s) or Account(s): 591-60558-5219 Fund(s) or Account(s): 591-60558-5219
Recommended Motion:
Authorize staff to purchase liquid sodium hypochlorite from Alexander Chemical at a temporary
increased price of $1.03 per gallon.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Kelly Criner
Buyer, Purchasing
City of Grand Rapids
300 Monroe Avenue NW, Suite 720
Grand Rapids, MI 49503
RE: Alexander Bleach Increase Request
Dear Kelly,
Two very basic products that we purchase to make Bleach are Chlorine and Caustic Soda.
Although their individual price and availability history is different, they each react to what is happening
commercially with the other product, because they both come out of a Chlor-Alkali plant together.
Nothing else is produced in a Chlor-Alkali plant but these two products. When one has market issues,
the other is affected and vise-versa. Ratio wise, 1 ton of Chlorine is produced, alongside 1.1 tons of
Caustic always. This is not a variable; it is a constant.
The past year and a half have been devastating for the Chlor-Alkali trade. In early 2020, Covid 19
laid claim to a lot of global demand destruction in the consumption of goods. Thus, manufacturing
dialed back their appetite for Caustic Soda. Buyers were not there for offtake of product. From March
2020 - August 2020, operating rates for Chlor-Alkali plants we reduced from 89% to 60%. This action
reduced the number of Caustic producers had in inventory, but it also cut back the amount of merchant
Chlorine that was available for sale. Chlorine demand did not, and has not dropped from pre pandemic
levels, so with a 20% reduction in the amount of Chlorine now available, demand was well exceeding
supply. Chlorine suppliers could not generate more Chlorine because they could not find buyers for the
Caustic.
If things were not already bad enough, along came 6 named major Hurricanes into the Gulf
during the late summer months of 2020 where 75% of the Chlor-Alkali plants are located. One after the
other was closed with Hurricane damage and we again had a reduction in overall Chlor-Alkali output,
industry wide. These events lasted well into early November, and still, no growing demand for Caustic
was seen so operating rates were still at or near 60-65%. One plant alone that went offline, the
Axiall/Westlake Lake Charles LA site, is accountable for 15% of all Chlorine production in the US, so
without it online, we were all hurting. Many Force Majeure letters or Order Control letters were sent
out to customers by the producers so they could manage what little inventory that they had, due to the
Hurricanes.
There was hope that going into the new year (2021), things would improve regarding
production, but two new issues took hold. The first being the late winter Gulf freeze (Uri) and the
second being Olin’s scuttling of three plants. Uri shut down, once again, almost all the Gulf coast Chlor-
Alkali plants for well over a week and it took in some cases, more than two weeks to get back online.
Inventories were again impacted and once again, Force Majeure letters were sent out as inventories
were hit hard again. Concurrently, Olin determined that they were idling three of their Chlor-Alkali
plants. One in Freeport TX was previously announced to go down permanently late in 2020. Two more in
Plaquemine LA and MacIntosh AL were idled in Q1 2021. The net cutback to overall Chlor-Alkali output
in the US was now negatively impacted by greater than 650 metric tons at these 3 sites, somewhere
between 6-8% of overall capacity.
7593 South First Road La Porte, IN 46350
Telephone: (219) 393-5558 Toll Free: (800) 348-8827 Fax: (219) 393-5364
With no new Chlor-Alkali output coming online from new production plants anytime soon, there
remains a gap between demand and supply for both Chlorine and Caustic. The Caustic deficit will get
some relief late this year when Shin-Tech comes online with their new plant in Plaquemine LA (250
metric tons/yr.), but it does nothing for Chlorine as all the Chlorine they produce will go directly into the
vinyl’s portfolio part of their business.
YTD, we have had an average Chlorine cost increase of $230 ton (210%) from our suppliers and
$250/DST (60%) on Caustic. The increases are unavoidable on our end as product is on order control
from our suppliers due to the limited output. Although our supply has been very limited at times, our
supply partners have worked with us to try and keep us with enough product, but it is a struggle and
premium in cost as you can see.
The underlying issue of a lack of Global economic growth still hampers the recovery of the Chlor-
Alkali units in North America. Without any significant demand growth for Caustic, there can be no
increase in the operating output levels of the Chlor-Alkali plants. Fewer plants just reduce the overall
output.
As can be seen in one of the attachments, Chlorine and Caustic pricing is expected to remain
close to where it is today for at least another 24 months. We are just ahead of the 2021 Hurricane
season and the Chlor-Alkali trade is in no way prepared to deal with the possible devastation that could
occur in the Gulf again.
Alexander Chemical is sitting at a net loss on the bleach being sold to Grand Rapids Bleach
Consortium at more than 32K currently. We cannot continue down this path as it is devastating to our
business. For this reason, we are asking for your help until the market stabilizes and pricing comes back
in line. We are needing to raise your current delivered bleach price to $1.03/Gallon effective July 1st,
2021, to get back to a break-even state.
I am hoping with all the data we have shared that we can come to an agreement on this and
move forward as Alexander Chemical views the Grand Rapids Bleach Consortium as a long-term partner
moving forward. I look forward to your response and servicing you for many years to come.
Regards,
Robert Davidson
Robert G. Davidson
President - Alexander Chemical Corporation
7593 South First Road La Porte, IN 46350
Telephone: (219) 393-5558 Toll Free: (800) 348-8827 Fax: (219) 393-5364
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: Fire Station Upgrades (Central)
Submitted By: Director Jeffrey Lewis Department: Public Safety
Brief Summary: Attached is an update to the Central Fire Station upgrades modifications,
enhancements, and repairs.
Detailed Summary: In November 2020, the Commission approved $236,230.00 in enhancements
and repairs for Muskegon Fire Central Station. Over the past 8 months change orders and other
upgrades were required in addition to the Dispatch expansion & remodel. Some of the costs are in
fact Dispatch’s responsiblties while others are directly assigned to Muskegon Fire
Department. Attached is a summary sheet with the scope, costs, updates and basic notes to
support the upgrades and repairs to complete the dual use fire station. At this time the Staff is
requesting an additional $165,468.00 in funding.
(Total combined $236,230 and $165,468 $401,698)
*Some the repairs have already occurred due to covid19, contractor’s availability, etc.
Amount Requested: $165,468.00 Amount Budgeted:
Fund(s) or Account(s): 101-92114-5750 Fund(s) or Account(s):
Recommended Motion: Staff recommends the approval of the projected budget for the upgrades to
the Fire Central Station
Check if the following Departments need to approve the item first:
Police Dept. ☒
Fire Dept. ☒
IT Dept. ☐
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13th, 2021 Title: Peck Street – Change Orders #003 &
#004
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking approval of Change Orders #003 and #004 to the Peck Street Construction Project
(590/591-92010) with Kammina & Roodvoets.
Detailed Summary:
Change Order #003 represents the additional work that will be completed on the project to facilitate the
Muskegon Public Schools projects at their High School and Middle School site. This was previously
discussed at the 6/22/2021 Commission Meeting in the form of a cost sharing agreement for these
items. As discussed at that time the plan for this work is that MPS will reimburse the City upon
completion.
Change Order #004 represents several other minor adjustments needed on the project.
Both are brought for consideration as this project in total has exceeded the staff approval thresholds
for Change Orders.
The Remaining Contingency noted below is a snapshot prior to approval of these change orders. If
approved that number will drop to $89,769.24 which accounts for the $508,762.31 in added expenses
and the estimated $468,980.36 in reimbursement from MPS. The end result being that the project still
carries a positive contingency balance.
Amount Requested: Amount Budgeted:
$508,762.31 $192,686.16 (Remaining Contingency)
Fund(s) or Account(s): 202/590/591-92010 Fund(s) or Account(s): 202/590/591-92010
Recommended Motion:
Authorize staff to approve Change Orders #003 & #004 to Project 92010 in the amount of $508,762.31 for the
additional work as noted.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CHANGE ORDER NO.: 3
Owner: City of Muskegon Owner’s Project No.: 92010
Engineer: Prein&Newhof Engineer’s Project No.: 2190730
Contractor: Kamminga & Roodvoets Contractor’s Project No.:
Project: Street and Utility Improvements - Peck Street: Laketon to Merrill
Date Issued: 6/29/2021 Effective Date of Change Order: 6/29/2021
The Contract is modified as follows upon execution of this Change Order:
Description:
- Additional storm sewer installation on Peck Street and Dale Avenue including road restoration on Dale Avenue as
described in Bulletin No. 3 and 4.
- Additional sanitary sewer installation, storm sewer replacement, water service replacement, and road restoration on
Southern Avenue between Jefferson Street and Peck Street as described in Bulletin No. 5.
Attachments:
- Contract Modification Summary
- Bulletin No. 3 and 4 Pricing
- Bulletin No. 5 Pricing
- Sanitary Manhole, Core, 8 inch Pricing
Change in Contract Price Change in Contract Times
Original Contract Price: Original Contract Times:
Substantial Completion: September 2, 2021
$ 3,481,438.91 Ready for final payment: September 17, 2021
Increase from previously approved Change Orders No. 1 to [Increase] [Decrease] from previously approved
No. 2: Change Orders No.1 to No. [Number of previous
Change Order]:
Substantial Completion: N/A
$ 68,889.84 Ready for final payment: N/A
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion: September 2, 2021
$ 3,550,328.75 Ready for final payment: September 17, 2021
Increase this Change Order: Increase this Change Order:
Substantial Completion: 60 days
$ 508,492.01 Ready for final payment: 60 days
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion: November 1, 2021
$ 4,058,820.76 Ready for final payment: November 15, 2021
Recommended by Engineer (if required) Accepted by Contractor
By: By:
Title: Project Engineer Title:
Date: Date:
Authorized by Owner Approved by Funding Agency (if applicable)
By: By:
Title: Director of Public Works Title:
Date: Date:
This document is a Modified version of EJCDC® C 941, Change Order.
Copyright© 2018 NSPE, ACEC and ASCE. All rights reserved.
Page 1 of 1
S:\2019\2190730 City of Muskegon\PEC\Change Orders\Change Order 3\change order 3 2021-06-29
Contract Modification
7/6/2021 8:11 AM
Prein&Newhof
FieldManager 5.3c
Contract: _2190730, Peck Street
Cont. Mod. Revision Cont. Mod. Electronic Net Change Awarded Contract Amount
Number Number Date File Created
3 8 7/6/2021 No $508,492.01 $3,481,438.91
Route Managing Office District Entered By
PN Muskegon 0 Tyler A DeNooyer
Contract Location
City of Muskegon
Short Description
CO 3
Description of Changes
- Additional storm sewer installation on Peck Street and Dale Avenue including road restoration on Dale Avenue as
described in Bulletin No. 3 and 4.
- Additional sanitary sewer installation, storm sewer replacement, water service replacement, and road restoration on
Southern Avenue between Jefferson Street and Peck Street as described in Bulletin No. 5.
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Rebuild Dr Structure, 8507050 0064 0320 2190730 001 Original -1.000 Ea 4,000.00000 $-4,000.00
60 inch dia
Reason: CO 3
_ Water Service, 8507050 0102 0510 2190730 001 Original 2.000 Ea 250.00000 $500.00
Corporation Stop, 1
inch
Reason: CO 3
_ Water Service, Curb 8507050 0104 0520 2190730 001 Original 2.000 Ea 300.00000 $600.00
Stop and Box, 1 inch
Reason: CO 3
_ Water Service, 1 8507001 0106 0530 2190730 001 Original 120.000 Ft 35.00000 $4,200.00
inch
Reason: CO 3
_ Water Service 8507050 0109 0545 2190730 001 Original 4.000 Ea 50.00000 $200.00
Restoration, Private
Reason: CO 3
Contract: _2190730 Cont. Mod.: 3, Rev. 8 Page 1 of 9
Contract Modification
7/6/2021 8:11 AM
Prein&Newhof
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Sidewalk, Rem 8507011 0112 0560 2190730 002 Original 82.000 Syd 5.00000 $410.00
Reason: CO 3
_ Sidewalk, Conc, 4 8507010 0113 0565 2190730 002 Original 450.000 Sft 3.00000 $1,350.00
inch
Reason: CO 3
_ Sewer, Cl E, 10 inch, 8507001 0115 0575 2190730 002 Original 8.000 Ft 45.00000 $360.00
Tr Det B
Reason: CO 3
_ Sewer, Cl E, 12 inch, 8507001 0116 0580 2190730 002 Original 145.000 Ft 50.00000 $7,250.00
Tr Det B
Reason: CO 3
_ Sewer, Connect to 8507050 0117 0585 2190730 002 Original 1.000 Ea 575.00000 $575.00
Ex. 8"
Reason: CO 3
_ Sewer, Connect to 8507050 0118 0590 2190730 002 Original 1.000 Ea 600.00000 $600.00
Ex. 10"
Reason: CO 3
_ Sewer, Connect to 8507050 0119 0595 2190730 002 Original 3.000 Ea 650.00000 $1,950.00
Ex. 12"
Reason: CO 3
_ Dr Structure, 24 inch 8507050 0120 0600 2190730 002 Original 1.000 Ea 1,000.00000 $1,000.00
dia
Reason: CO 3
_ Dr Structure, 48 inch 8507050 0121 0605 2190730 002 Original 4.000 Ea 1,700.00000 $6,800.00
dia
Reason: CO 3
Contract: _2190730 Cont. Mod.: 3, Rev. 8 Page 2 of 9
Contract Modification
7/6/2021 8:11 AM
Prein&Newhof
FieldManager 5.3c
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Dr Structure Cover, 8507050 0123 0615 2190730 002 Original 8.000 Ea 800.00000 $6,400.00
Type B
Reason: CO 3
_ Dr Structure Cover, 8507050 0124 0620 2190730 002 Original 2.000 Ea 975.00000 $1,950.00
Type K
Reason: CO 3
Total Dollar Value: $30,145.00
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Dr Structure, 8507050 0199 0695 2190730 002 Extra 11.000 Ea 250.00000 $2,750.00
Rem
Reason: CO 3
_ Sewer Rem, Less 8507001 0204 0700 2190730 002 Extra 810.000 Ft 7.00000 $5,670.00
than 24 inch
Reason: CO 3
_ Sewer Rem, 24 8507001 0209 0705 2190730 002 Extra 30.000 Ft 10.00000 $300.00
inch and Greater
Reason: CO 3
_ Curb and Gutter 8507001 0214 0710 2190730 002 Extra 1,130.000 Ft 3.50000 $3,955.00
Rem
Reason: CO 3
_ Pavt, Rem 8507011 0219 0715 2190730 002 Extra 1,126.000 Syd 5.50000 $6,193.00
Reason: CO 3
_ HMA Surface, 8507011 0224 0720 2190730 002 Extra 2,782.000 Syd 2.50000 $6,955.00
Rem
Reason: CO 3
Contract: _2190730 Cont. Mod.: 3, Rev. 8 Page 3 of 9
Contract Modification
7/6/2021 8:11 AM
Prein&Newhof
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Erosion Control, 8507050 0229 0725 2190730 002 Extra 13.000 Ea 170.00000 $2,210.00
Inlet Protection,
Fabric Drop
Reason: CO 3
_ Machine Grading, 8507002 0234 0730 2190730 002 Extra 9.300 Sta 2,500.00000 $23,250.00
Modified
Reason: CO 3
_ Aggregate Base, 8507011 0239 0735 2190730 002 Extra 2,782.000 Syd 12.00000 $33,384.00
9 inch, Modified
Reason: CO 3
_ HMA, 5E1 8507031 0244 0740 2190730 002 Extra 322.000 Ton 82.80000 $26,661.60
Reason: CO 3
_ HMA, 4E3 8507031 0249 0745 2190730 002 Extra 322.000 Ton 81.98000 $26,397.56
Reason: CO 3
_ Driveway, 8507011 0254 0750 2190730 002 Extra 206.000 Syd 40.00000 $8,240.00
Nonreinf Conc, 6
inch
Reason: CO 3
_ Curb and Gutter, 8507001 0259 0755 2190730 002 Extra 1,130.000 Ft 14.00000 $15,820.00
Conc. Det F4
Reason: CO 3
_ Sidewalk Ramp, 8507011 0264 0760 2190730 002 Extra 215.000 Syd 5.50000 $1,182.50
Conc, 6 inch
Reason: CO 3
_ Detectable 8507001 0269 0765 2190730 002 Extra 15.000 Ft 48.00000 $720.00
Warning Surface
Reason: CO 3
Contract: _2190730 Cont. Mod.: 3, Rev. 8 Page 4 of 9
Contract Modification
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Prein&Newhof
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Turf Restoration 8507002 0274 0770 2190730 002 Extra 9.300 Sta 500.00000 $4,650.00
Reason: CO 3
_ Dr Structure, 60 8507050 0279 0775 2190730 002 Extra 4.000 Ea 3,400.00000 $13,600.00
inch dia
Reason: CO 3
_ Dr Structure, 8507050 0284 0780 2190730 002 Extra 1.000 Ea 9,818.51000 $9,818.51
Doghouse, 84 inch
dia
Reason: CO 3
_ Sewer, Cl E, 36 8507001 0289 0785 2190730 002 Extra 719.000 Ft 129.61000 $93,189.59
inch, Tr Det B
Reason: CO 3
_ Sewer, Bulkhead, 8507050 0294 0790 2190730 002 Extra 3.000 Ea 375.00000 $1,125.00
12 inch
Reason: CO 3
_ Sewer, Connect 8507050 0299 0795 2190730 002 Extra 1.000 Ea 1,250.00000 $1,250.00
to Ex. 36 inch, Tr
Det B
Reason: CO 3
_ Sewer, Cl E, 18 8507001 0304 0800 2190730 002 Extra 25.000 Ft 72.00000 $1,800.00
inch, Tr Det B
Reason: CO 3
_ Sewer, Abandon, 8507001 0334 0830 2190730 002 Extra 65.000 Ft 5.00000 $325.00
Less than 20 inch
Reason: CO 3
_ Pavt Mrkg, 8507001 0339 0835 2190730 002 Extra 165.000 Ft 0.95000 $156.75
Polyurea, 4 inch,
Yellow
Reason: CO 3
Contract: _2190730 Cont. Mod.: 3, Rev. 8 Page 5 of 9
Contract Modification
7/6/2021 8:11 AM
Prein&Newhof
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Pavt Mrkg, 8507001 0344 0840 2190730 002 Extra 205.000 Ft 2.95000 $604.75
Polyurea, 6 inch
Crosswalk, White
Reason: CO 3
_ Pavt Mrkg, 8507001 0349 0845 2190730 002 Extra 50.000 Ft 7.50000 $375.00
Polyurea, 18 inch,
Stop Bar, White
Reason: CO 3
_ Sanitary Manhole, 8507050 0354 0850 2190730 002 Extra 2.000 Ea 3,300.00000 $6,600.00
48 inch Dia
Reason: CO 3
_ Sanitary Drop 8507050 0359 0855 2190730 002 Extra 1.000 Ea 5,000.00000 $5,000.00
Manhole, 48 inch
Dia
Reason: CO 3
_ Sanitary Sewer, 8507050 0364 0860 2190730 002 Extra 2.000 Ea 375.00000 $750.00
Wye, 8 inch x 6
inch
Reason: CO 3
_ Sanitary Lateral, 6 8507001 0369 0865 2190730 002 Extra 40.000 Ft 45.00000 $1,800.00
inch
Reason: CO 3
_ Sanitary Lateral, 8507050 0374 0870 2190730 002 Extra 2.000 Ea 150.00000 $300.00
Connect to Ex.
Reason: CO 3
_ Sanitary Sewer, 8507050 0379 0875 2190730 002 Extra 4.000 Ea 950.00000 $3,800.00
Connect to Ex. 8"
Reason: CO 3
Contract: _2190730 Cont. Mod.: 3, Rev. 8 Page 6 of 9
Contract Modification
7/6/2021 8:11 AM
Prein&Newhof
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Sanitary Sewer, 8507001 0384 0880 2190730 002 Extra 621.000 Ft 2.25000 $1,397.25
CCTV
Reason: CO 3
_ Sewer, Cl E, 15 8507001 0389 0885 2190730 002 Extra 635.000 Ft 70.00000 $44,450.00
inch, Tr Det B
Reason: CO 3
_ Sewer, Connect 8507050 0399 0895 2190730 002 Extra 2.000 Ea 700.00000 $1,400.00
to Ex. 15"
Reason: CO 3
_ Dr Structure 8507050 0404 0900 2190730 002 Extra 2.000 Ea 550.00000 $1,100.00
Cover Adj, Case 1
Reason: CO 3
_ Water Main, DI, 6 8507001 0409 0905 2190730 002 Extra 12.000 Ft 70.00000 $840.00
inch, Tr Det G
Reason: CO 3
_ Water Main, 8507050 0414 0910 2190730 002 Extra 4.000 Ea 700.00000 $2,800.00
Bend, 45 Degree, 6
inch
Reason: CO 3
_ Water Main, 8507050 0419 0915 2190730 002 Extra 1.000 Ea 1,300.00000 $1,300.00
Sleeve, 6 inch
Reason: CO 3
_ Valve Box, Adjust 8507050 0424 0920 2190730 002 Extra 3.000 Ea 485.00000 $1,455.00
Reason: CO 3
_ Water Main, Rem 8507001 0429 0925 2190730 002 Extra 12.000 Ft 5.00000 $60.00
Reason: CO 3
Contract: _2190730 Cont. Mod.: 3, Rev. 8 Page 7 of 9
Contract Modification
7/6/2021 8:11 AM
Prein&Newhof
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Mobilization, Max 8507051 0454 0950 2190730 002 Extra 1.000 LS 32,332.00000 $32,332.00
10%, Southern
Reason: CO 3
_ Traffic Control, 8507051 0459 0955 2190730 002 Extra 1.000 LS 5,700.00000 $5,700.00
Southern
Reason: CO 3
_ Minor Traffic 8507051 0464 0960 2190730 002 Extra 1.000 LS 2,325.00000 $2,325.00
Devices, Southern
Reason: CO 3
_ Sanitary Sewer, 8507001 0469 0965 2190730 002 Extra 621.000 Ft 106.50000 $66,136.50
8”, Tr Det B,
Southern
Reason: CO 3
_ Sewer, Cl E, 21 8507001 0474 0970 2190730 002 Extra 8.000 Ft 150.00000 $1,200.00
Inch, Tr Det B
Reason: CO 3
_ Dr Structure, Tap, 8507050 0479 0975 2190730 002 Extra 2.000 Ea 999.00000 $1,998.00
12"
Reason: CO 3
_ Dr Structure, 8507050 0484 0980 2190730 002 Extra 1.000 Ea 530.00000 $530.00
Abandon
Reason: CO 3
_ Sewer, Bulkhead, 8507050 0489 0985 2190730 002 Extra 2.000 Ea 1,000.00000 $2,000.00
8”
Reason: CO 3
_ Sewer, Connect 8507050 0494 0990 2190730 002 Extra 1.000 Ea 925.00000 $925.00
to Ex. 20”
Reason: CO 3
Contract: _2190730 Cont. Mod.: 3, Rev. 8 Page 8 of 9
Contract Modification
7/6/2021 8:11 AM
Prein&Newhof
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Sanitary Manhole, 8507050 0499 0995 2190730 002 Extra 1.000 Ea 615.00000 $615.00
Core, 8 inch
Reason: CO 3
_ Sewer, Bulkhead, 8507050 0504 1000 2190730 002 Extra 1.000 Ea 950.00000 $950.00
36 Inch
Reason: CO 3
Total Dollar Value: $478,347.01
Project / Category Summary
Project/Category Federal Finance Control
Project/Catg Description Number Project Status System Section Dollar Value
2190730 Peck Street 0 CNST
001 SRF/DWRF Eligible $1,500.00
002 SRF/DWRF Ineligible $506,992.01
Total: $508,492.01
Total Net Change Amount: $508,492.01
Contract: _2190730 Cont. Mod.: 3, Rev. 8 Page 9 of 9
Tyler DeNooyer
From: Adam Khodl
Sent: Monday, May 24, 2021 4:14 PM
To: Tyler DeNooyer; Matthew R. Hulst
Cc: Brad Kreider
Subject: FW: City of Muskegon, Peck Street Bulletin Nos. 3 & 4 pricing
Follow Up Flag: Follow up
Flag Status: Flagged
Tyler,
Please see the pricing below for the Bulletin No 3 and No 4 work. We also are including an extension of 30 days on Phase 2
completion to cover this added work. Please let me know if you have any questions. Thank you
Adam Khodl, Project Manager
Kamminga and Roodvoets Inc.
Phone: (616)949-0800 Ext. 140
Cell: (616)-437-6764
Fax: (616) 949-1894
From: Karl Klynstra
Sent: Monday, May 24, 2021 11:03 AM
To: Adam Khodl
Cc: Brad Kreider
Subject: City of Muskegon, Peck Street Bulletin Nos. 3 & 4 pricing
Adam – please see below for proposed pricing for these items. The 36 inch sewer pricing has been calculated as an average to
be used for both locations to simplify things. Please forward to the Engineer. Please let me know if you need anything else
regarding these items.
Bulletin No. 3
Additional Items Proposed Quantity Unit
Dr Structure, Doghouse, 84 Inch Dia 1 Ea
Dr Structure, 60 Inch Dia 2 Ea
Sewer, Cl E, 36 Inch, Tr Det B 398 Ft
Sewer, Bulkhead, 12 Inch 3 Ea
$ 9818.51 per each
$ 3400.00 per each (Contract Unit Price)
$ 129.61 per foot
$ 375.00 per each
Bulletin No. 4
Additional Items Proposed Quantity Unit
Sewer, Cl E, 36 Inch, Tr Det B 321 Ft
1
Sewer, Bulkhead, 36 Inch 1 Ea
Sewer, Connect to Ex. 36” 1 Ea $ 129.61 per foot
$ 950.00 per each
$ 1250.00 per each
Karl Klynstra, VP Estimating
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 x122
2
Tyler DeNooyer
From: Adam Khodl
Sent: Tuesday, June 8, 2021 8:58 AM
To: Tyler DeNooyer
Cc: Matthew R. Hulst; Brad Kreider; Karl Klynstra; Leo Evans; [email protected]; Dave
Cadena
Subject: FW: Bulletin No. 5 pricing, Peck Street - Muskegon
Attachments: BULL05-Proposal_06-8-2021.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Good Morning Tyler,
Please see the information below regarding the Bulletin 5 work and the attached pricing. Please let me know if you have any
questions. Thank you
Adam Khodl, Project Manager
Kamminga and Roodvoets Inc.
Phone: (616)949-0800 Ext. 140
Cell: (616)-437-6764
Fax: (616) 949-1894
From: Karl Klynstra
Sent: Tuesday, June 08, 2021 8:07 AM
To: Adam Khodl
Cc: Brad Kreider
Subject: RE: Bulletin No. 5 pricing, Peck Street - Muskegon
Adam – attached is the Proposal for this potential added work on Peck Street relative to Bulletin No. 5. The requested additional
item pricing is hi-lited along with a request to be paid mobilization and both traffic control items included in the original
Contract. These items are justified due to the fact that we will have maintenance of traffic responsibilities specific to this added
work, as well as, additional mobilization required to return to this area to complete this work. The mobilization and traffic items
are proportionally the same as the originally bid Contract items for that work. The price difference for the 8 inch Sanitary Sewer
from the original Contract item for that work is indicative of the more difficult laying conditions in these runs down Southern
Avenue, as well as, significant material price increases since this project was bid almost one year ago. This proposal is based on
being able to complete this work within a mutually acceptable duration, and prior to the end of the 2021 construction
season. Let me know if you need any further information. Thank you,
Karl Klynstra, VP Estimating
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 x122
1
CITY OF MUSKEGON
PECK STREET - BULLETIN NO. 05
KAMMINGA & ROODVOETS, INC.
3435 BROADMOOR S.E.
GRAND RAPIDS, MI 49512
PH 616-949-0800
FX 616-949-1894
June 8, 2021
ITEM UNIT TOTAL
NO. DESCRIPTION QUANTITY U/M PRICE AMOUNT
1 MOBILIZATION, MAX 10% 1.00 LSM $ 32,332.00 $ 32,332.00
2 TRAFFIC CONTROL 1.00 LSM $ 5,700.00 $ 5,700.00
3 MINOR TRAFFIC DEVICES 1.00 LSM $ 2,325.00 $ 2,325.00
6 DS, REM 9.00 EA $ 250.00 $ 2,250.00
7 SEWER, REM, LESS THAN 24 IN 650.00 FT $ 7.00 $ 4,550.00
11 CURB AND GUTTER, REM 785.00 FT $ 3.50 $ 2,747.50
12 PAVT, REM 883.00 SYD $ 5.50 $ 4,856.50
13 HMA SURFACE, REM 2,056.00 SYD $ 2.50 $ 5,140.00
14 SW, REM 64.00 SYD $ 5.00 $ 320.00
16 EC, INLET PROECTION, FABRIC DROP 6.00 EA $ 170.00 $ 1,020.00
17 MACHINE GRADING, MODIFIED 6.00 STA $ 2,500.00 $ 15,000.00
18 AGGR BASE, 9 IN, MODIFIED 2,056.00 SYD $ 12.00 $ 24,672.00
19 HMA, 5E1 226.00 TON $ 82.80 $ 18,712.80
20 HMA, 4E3 226.00 TON $ 81.98 $ 18,527.48
22 DRIVEWAY, NONREINF, CONC, 6 IN 128.00 SYD $ 40.00 $ 5,120.00
23 CURB AND GUTTER, CONC, F4 785.00 FT $ 14.00 $ 10,990.00
24 SW, CONC, 4 IN 550.00 SFT $ 3.00 $ 1,650.00
25 SW, CONC, 6 IN 25.00 SFT $ 4.25 $ 106.25
28 TURF RESTORATION 6.00 STA $ 500.00 $ 3,000.00
39 SANITARY SEWER, DET. B, 8 IN 621.00 FT $ 106.50 $ 66,136.50
41 SAN MH, 48 IN DIA 2.00 EA $ 3,300.00 $ 6,600.00
Kamminga Roodvoets, Inc.
Page 1 of 2
42 SAN DROP MH, 48 IN DIA 1.00 EA $ 5,000.00 $ 5,000.00
43 SAN WYE, 8X6 2.00 EA $ 375.00 $ 750.00
44 SAN LAT, 6 IN 60.00 FT $ 45.00 $ 2,700.00
46 SAN LAT, CONN TO EXSTG 2.00 EA $ 150.00 $ 300.00
47 SAN SEWER, CONN TO EXSTG 8 IN 5.00 EA $ 950.00 $ 4,750.00
51 CCTV SAN SEWER 600.00 FT $ 2.25 $ 1,350.00
52 SEWER, CL E, DET B, 12 IN 89.00 FT $ 50.00 $ 4,450.00
53 SEWER, CL E, DET B, 15 IN 635.00 FT $ 70.00 $ 44,450.00
54 SEWER, CL E, DET B, 21 IN 8.00 FT $ 150.00 $ 1,200.00
56 SEWER, CONN TO EXSTG, 12 IN 1.00 EA $ 650.00 $ 650.00
58 SEWER, CONN TO EXSTG, 20 IN 1.00 EA $ 925.00 $ 925.00
60 SEWER BULKHEAD, 8 IN 1.00 EA $ 350.00 $ 350.00
61 DS, 24 IN 1.00 EA $ 1,000.00 $ 1,000.00
62 DS, 48 IN 3.00 EA $ 1,700.00 $ 5,100.00
65 DS COVER, TYPE B 3.00 EA $ 800.00 $ 2,400.00
67 ADJ DS COVER, CASE 1 2.00 EA $ 550.00 $ 1,100.00
69 WATER MAIN, DI, DET G, 6 IN 12.00 FT $ 70.00 $ 840.00
74 BEND, 45 DGR, 6 IN 4.00 EA $ 700.00 $ 2,800.00
79 SLEEVE, 6 IN 1.00 EA $ 1,300.00 $ 1,300.00
97 VALVE BOX ADJUST 2.00 EA $ 485.00 $ 970.00
102 CORP STOP, 1 IN 2.00 EA $ 250.00 $ 500.00
104 CURB STOP AND BOX, 1 IN 4.00 EA $ 300.00 $ 1,200.00
106 WATER SERVICE, 1 IN 116.00 FT $ 35.00 $ 4,060.00
109 WATER SERVICE RESTORATION, PRIVATE 4.00 EA $ 50.00 $ 200.00
117 SEWER, CONN TO EXST 8 IN 1.00 EA $ 575.00 $ 575.00
A DRAINAGE STRUCTURE, TAP, 12 INCH 2.00 EA $ 999.00 $ 1,998.00
B DRAINAGE STRUCTURE, ABANDON 1.00 EA $ 530.00 $ 530.00
Total $ 323,204.03
Kamminga Roodvoets, Inc.
Page 2 of 2
Tyler DeNooyer
From: Matthew R. Hulst
Sent: Friday, March 26, 2021 10:28 AM
To: Adam Khodl; Tyler DeNooyer
Cc: Brad Kreider
Subject: RE: Peck St Survey Request
Adam,
Please proceed with the core.
Matt Hulst
From: Adam Khodl
Sent: Thursday, March 25, 2021 10:52 AM
To: Matthew R. Hulst ; Tyler DeNooyer
Cc: Brad Kreider
Subject: RE: Peck St Survey Request
Matt,
I spoke with Grand Valley and it will be $615.00 to core that manhole. Would you like to proceed with that?
Adam Khodl, Project Manager
Kamminga and Roodvoets Inc.
Phone: (616)949-0800 Ext. 140
Cell: (616)-437-6764
Fax: (616) 949-1894
From: Matthew R. Hulst
Sent: Friday, March 19, 2021 9:04 AM
To: Adam Khodl ; Tyler DeNooyer
Cc: Brad Kreider
Subject: RE: Peck St Survey Request
Adam,
Please provide a price.
Thank you,
Matt
From: Adam Khodl
Sent: Friday, March 19, 2021 7:58 AM
To: Tyler DeNooyer
1
Cc: Matthew R. Hulst ; Brad Kreider
Subject: RE: Peck St Survey Request
Tyler,
Thank you. I talked to Grand Valley and they have already poured that structure unfortunately. They are able to core
that before its brought out if we would like? I can get a price from them on that. Let me know what you’re thinking.
Thank you
Adam Khodl, Project Manager
Kamminga and Roodvoets Inc.
Phone: (616)949-0800 Ext. 140
Cell: (616)-437-6764
Fax: (616) 949-1894
From: Tyler DeNooyer
Sent: Thursday, March 18, 2021 5:15 PM
To: Adam Khodl
Cc: Matthew R. Hulst ; Brad Kreider
Subject: RE: Peck St Survey Request
Adam,
Yes I will put in a staking request to have the sanitary sewer staked by Monday the 29th. I will also have Dave Cadena
mark up the removal limits for Phase 1 before that time as well.
In other news, the City would like to add a deep sanitary sewer on Southern Avenue from Peck Street to Sanford Street
to the project this summer. This is so that eventually they can divert the sanitary sewer from Jefferson and Southern to
the east to Peck Street. If it’s not too late yet, can we add another invert to the west at sanitary manhole #S11 at
Southern? The additional proposed invert is as follows:
8” W I.E. 612.52
Let me know if that is able to be added to the precast structure. Thanks!
Tyler DeNooyer, P.E.
Prein&Newhof
t. 231-798-0101
f. 231-798-0337 c. 616-481-0693
Website | Blog | LinkedIn
From: Adam Khodl
Sent: Thursday, March 18, 2021 9:20 AM
To: Tyler DeNooyer
Cc: Matthew R. Hulst ; Brad Kreider
Subject: Peck St Survey Request
Good Morning Tyler,
2
I would like to schedule survey to layout project removal limits of phase 1 as well as the sanitary sewer. A 30ft offset on
that will work if you’re able to. If we could have that complete by Monday morning March 29th so we are able to get
started right out of the gate. Please let me Brad or myself know if you have any questions. Thank you
Adam Khodl, Project Manager
Kamminga and Roodvoets Inc.
Phone: (616)949-0800 Ext. 140
Cell: (616)-437-6764
Fax: (616) 949-1894
3
CHANGE ORDER NO.: 4
Owner: City of Muskegon Owner’s Project No.: 92010
Engineer: Prein&Newhof Engineer’s Project No.: 2190730
Contractor: Kamminga & Roodvoets Contractor’s Project No.:
Project: Street and Utility Improvements - Peck Street: Laketon to Merrill
Date Issued: 6/29/2021 Effective Date of Change Order: 6/29/2021
The Contract is modified as follows upon execution of this Change Order:
Description:
- Material loss of proposed sanitary manhole #S15 at STA 26+28. Concrete manhole was already precast after it was
determined it was no longer necessary to install.
- 4-inch 45 degree bend was required to be installed to connect to the existing 4-inch water service at 1691 Peck Street.
- Ductile iron 12-inch storm sewer was required to be installed instead of concrete storm sewer in order to avoid a conflict
with the existing Frontier utilities at Southern Avenue.
Attachments:
- Contract Modification Summary
- Sanitary Manhole, Material Loss Pricing
- Water Main, Bend, 45 Degree, 4 inch Pricing
- Sewer, DI, 12 Inch, Tr Det B Pricing
Change in Contract Price Change in Contract Times
Original Contract Price: Original Contract Times:
Substantial Completion: September 2, 2021
$ 3,481,438.91 Ready for final payment: September 17, 2021
Increase from previously approved Change Orders No. 1 to No. [Increase] [Decrease] from previously approved
2: Change Orders No.1 to No. [Number of previous
Change Order]:
Substantial Completion: 60 days
$ 577,381.85 Ready for final payment: 60 days
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion: November 1, 2021
$ 4,058,820.76 Ready for final payment: November 15, 2021
Increase this Change Order: Increase this Change Order:
Substantial Completion: N/A
$ 270.30 Ready for final payment: N/A
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion: November 1, 2021
$ 4,059,091.06 Ready for final payment: November 15, 2021
Recommended by Engineer (if required) Accepted by Contractor
By: By:
Title: Project Engineer Title:
Date: Date:
Authorized by Owner Approved by Funding Agency (if applicable)
By: By:
Title: Director of Public Works Title:
Date: Date:
This document is a Modified version of EJCDC® C 941, Change Order.
Copyright© 2018 NSPE, ACEC and ASCE. All rights reserved.
Page 1 of 1
S:\2019\2190730 City of Muskegon\PEC\Change Orders\Change Order 4\change order 4 2021-06-29
Contract Modification
6/28/2021 3:36 PM
Prein&Newhof
FieldManager 5.3c
Contract: _2190730, Peck Street
Cont. Mod. Revision Cont. Mod. Electronic Net Change Awarded Contract Amount
Number Number Date File Created
4 6/28/2021 No $270.30 $3,481,438.91
Route Managing Office District Entered By
PN Muskegon 0 Tyler A DeNooyer
Contract Location
City of Muskegon
Short Description
CO 4
Description of Changes
- Material loss of proposed sanitary manhole #S15 at STA 26+28. Concrete manhole was already precast after it was
determined it was not necessary to install.
- 4-inch 45 degree bend required to be installed to connect to the existing 4-inch water service at 1691 Peck Street.
- Ductile iron 12-inch storm sewer was required to install instead of concrete storm sewer in order to avoid a conflict with the
existing Frontier utilities at Southern Avenue.
Increases / Decreases
Item Prop. Proj. Quantity
Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value
_ Sanitary Manhole, 48 8507050 0041 0205 2190730 001 Original -1.000 Ea 3,300.00000 $-3,300.00
inch Dia
Reason: CO 4
_ Sewer, Cl E, 12 inch, 8507001 0052 0260 2190730 001 Original -63.000 Ft 50.00000 $-3,150.00
Tr Det B
Reason: CO 4
Total Dollar Value: $-6,450.00
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Sewer, DI, 12 8507001 0309 0805 2190730 001 Extra 65.000 Ft 77.62000 $5,045.30
Inch, Tr Det B
Reason: CO 4
_ Sanitary Manhole, 8507050 0319 0815 2190730 001 Extra 1.000 Ea 1,000.00000 $1,000.00
Material Loss
Reason: CO 4
Contract: _2190730 Cont. Mod.: 4 Page 1 of 2
Contract Modification
6/28/2021 3:36 PM
Prein&Newhof
FieldManager 5.3c
New Items
Item Prop. Proj. Proposed
Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value
_ Water Main, 8507050 0324 0820 2190730 001 Extra 1.000 Ea 675.00000 $675.00
Bend, 45 Degree, 4
inch
Reason: CO 4
Total Dollar Value: $6,720.30
Project / Category Summary
Project/Category Federal Finance Control
Project/Catg Description Number Project Status System Section Dollar Value
2190730 Peck Street 0 CNST
001 SRF/DWRF Eligible $270.30
Total: $270.30
Total Net Change Amount: $270.30
Contract: _2190730 Cont. Mod.: 4 Page 2 of 2
Tyler DeNooyer
From: Adam Khodl
Sent: Wednesday, June 2, 2021 7:09 AM
To: Tyler DeNooyer
Cc: Matthew R. Hulst
Subject: RE: Peck Street - Bulletin No. 3
Tyler,
I spoke with grand valley and they were able to offer a small credit but we still have $1,000.00 into it. That is what we would
need for sanitary manhole material loss. Thank you
Adam Khodl, Project Manager
Kamminga and Roodvoets Inc.
Phone: (616)949-0800 Ext. 140
Cell: (616)-437-6764
Fax: (616) 949-1894
From: Tyler DeNooyer
Sent: Tuesday, June 01, 2021 5:22 PM
To: Adam Khodl
Cc: Matthew R. Hulst
Subject: RE: Peck Street - Bulletin No. 3
Adam,
Just a reminder we haven’t received your proposed pricing yet for the sanitary manhole material loss item described below.
Thanks,
Tyler DeNooyer, P.E.
Prein&Newhof
t. 231-798-0101
f. 231-798-0337 c. 616-481-0693
Website | Blog | LinkedIn
From: Tyler DeNooyer
Sent: Wednesday, May 19, 2021 2:49 PM
To: Adam Khodl ([email protected])
Cc: Matthew R. Hulst ; Dave Baker ([email protected])
; Leo Evans - City of Muskegon ([email protected]) ;
Brad Kreider
Subject: RE: Peck Street - Bulletin No. 3
Adam,
1
Please see attached plans including the redesign of the sanitary sewer and storm sewer for Bulletin No. 3 based on the
alterations described below.
Additionally, the City decided to eliminate the water main stub, sanitary manhole and sanitary sewer stub to the Mercy Health
Parking Lot between Larch and Dale. It is our understanding that this sanitary manhole was already cast by Grand Valley. Since
this manhole is no longer required to be installed can you also provide pricing for the material loss of the sanitary manhole?
Sanitary Manhole, Material Loss – 1 ea
Let us know as soon as practicable what your proposed pricing is for Bulletins No. 3 through 5. Furthermore, please provide a
proposed revision to the project schedule to incorporate the additional work.
Thanks,
Tyler DeNooyer, P.E.
Prein&Newhof
t. 231-798-0101
f. 231-798-0337 c. 616-481-0693
Website | Blog | LinkedIn
From: Tyler DeNooyer
Sent: Tuesday, May 11, 2021 5:40 PM
To: Adam Khodl ([email protected])
Cc: Matthew R. Hulst ; Dave Baker ([email protected])
; Leo Evans - City of Muskegon ([email protected]) ;
Brad Kreider
Subject: RE: Peck Street - Bulletin No. 3
Adam,
As we discussed this afternoon on the phone, you’ve expressed concern about the feasibility of installing the 36-inch storm
sewer at the proposed location at 5 feet right of centerline due to the proximity to the existing sanitary sewer and the Frontier
communication banks.
It has been the City’s preference to keep the sanitary sewer on the centerline. However, the only other feasible alternative is to
shift the proposed sanitary sewer further west. This redesign would involve shifting the sanitary sewer to 5 feet LEFT (west) of
centerline beginning at the manhole at Dale Avenue and continuing at that alignment to Laketon Avenue. The 36-inch storm
sewer would then be installed on the centerline between Dale Ave. and Larch Ave. This will allow for an anticipated 15 feet of
horizontal clearance from the Frontier utilities, and 5 feet from the proposed sanitary sewer. The sanitary sewer will be 2 feet
higher than the invert of the 36-inch storm sewer at Dale Avenue, and 3.5 feet higher at the south end at Larch Avenue.
This alternative will likely require that the sanitary sewer be installed prior to the 36-inch storm sewer because the existing
sanitary sewer will need to be removed during storm sewer installation. Otherwise temporary bypass pumping would be
required if the storm sewer were installed first.
Please let us know if this alternative is preferred over the current proposed alignment.
Thanks,
Tyler DeNooyer, P.E.
Prein&Newhof
t. 231-798-0101
2
f. 231-798-0337 c. 616-481-0693
Website | Blog | LinkedIn
From: Tyler DeNooyer
Sent: Monday, May 10, 2021 8:37 AM
To: Adam Khodl ([email protected])
Cc: Matthew R. Hulst ; Dave Baker ([email protected])
; Leo Evans - City of Muskegon ([email protected]) ;
Brad Kreider
Subject: Peck Street - Bulletin No. 3
Adam,
Please see attached Bulletin No. 3 for the Peck Street Project regarding the 36-inch storm sewer changes on Peck Street.
A couple additional comments:
1. The 12-inch storm sewer between Dale and Forest could be shifted to 5 feet left of centerline with no change to the
design, if preferred.
2. The sanitary sewer stub at STA 26+28 will need to be addressed as there is a conflict right now. We are working through
that issue and will let you know how we want to address it shortly. The stub potentially may be eliminated in addition to
the sanitary manhole.
Let us know if you have any questions. Please respond with proposed pricing by Thursday if possible.
Thanks,
Tyler DeNooyer, P.E.
Prein&Newhof
t. 231-798-0101
f. 231-798-0337 c. 616-481-0693
Website | Blog | LinkedIn
3
Tyler DeNooyer
From: Adam Khodl
Sent: Monday, June 7, 2021 3:48 PM
To: Tyler DeNooyer
Cc: Matthew R. Hulst
Subject: RE: Pricing Request - 4" 45 deg bend
Tyler,
Our price for a 4” 45 bend is $675.00 ea.
Thanks
Adam Khodl, Project Manager
Kamminga and Roodvoets Inc.
Phone: (616)949-0800 Ext. 140
Cell: (616)-437-6764
Fax: (616) 949-1894
From: Tyler DeNooyer
Sent: Monday, June 07, 2021 2:44 PM
To: Adam Khodl
Cc: Matthew R. Hulst
Subject: Pricing Request - 4" 45 deg bend
Adam,
I do not remember receiving a price from you for the cost of the 4” 45 degree bend. Can you provide a proposed price for me
for that item?
Water Main, Bend, 45 Degree, 4-inch – 1 EA
Thanks,
Tyler DeNooyer, P.E.
Prein&Newhof
t. 231-798-0101
f. 231-798-0337 c. 616-481-0693
Website | Blog | LinkedIn
1
Tyler DeNooyer
From: Adam Khodl
Sent: Wednesday, June 9, 2021 4:32 PM
To: Tyler DeNooyer
Cc: Brad Kreider
Subject: 12" DI storm Sewer
Tyler,
Juan called me today and told me they needed to use 12” Ductile Iron Pipe for a run or two of storm sewer for clearance. I don’t
believe we have an item for that so I have a price with the increased material cost added to the 12” Storm sewer item. It is
$77.62/ft. Please let me know if you have any questions. Thank you
Adam Khodl, Project Manager
Kamminga and Roodvoets Inc.
Phone: (616)949-0800 Ext. 140
Cell: (616)-437-6764
Fax: (616) 949-1894
1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13th, 2021 Title: Concession Agreement
Submitted By: Doug Sayles Department: Public Works
Brief Summary:
Staff is asking permission to enter into a contractual agreement with Logan Linck of “Grand
Traverse Pie Company” at Pere Marquette Park.
Detailed Summary:
Staff is asking permission to enter into a Concession Agreement for 2020 with Logan Linck of “Grand
Traverse Pie Company”, at Pere Marquette Park. Commission from said Concession would be
$500.00 plus 5% of Gross Receipts
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Authorize staff to enter into a Concession Agreement with Jennifer Serrano of “Grand Traverse Pie
Company”, at Pere Marquette Park.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Grand Traverse Pie Company Food Truck Proposal, Pere Marquette Beach
Thank you for the opportunity to propose a vending plan for the Pere Marquette Beach. I have included
my menu with pricing, pictures of my food truck, as well as my projected hours and days of operation.
To give you a little background history, I have managed the Grand Traverse Pie Company in Norton
Shores since 2013 and took over ownership in 2018. I acquired the Grand Traverse Pie Company Food
Truck in 2018 as well. I have successfully vended at numerous festivals, sporting events, weddings, and
private parties with overwhelming popularity. My truck has received several accolades including “Best
Food Truck” at the Grand Haven Coast Guard Festival, 2nd Place Overall “Best of Fest” at Mid-Michigan
Food Truck Invitational at Soaring Eagle Casino, as well as 1st Place in the Dessert competition at Chef
Prize. I offer a well-rounded variety of menu items to suite any customer or event needs. I staff my
truck well with professional and well trained employees to handle any number of customers. I pride
myself on providing top quality product with exceptional service and speed.
Hours of Operation
Sunday – Monday (7 days a week) 10am – 6pm
I am more than willing to extend these hours if needed. If I have customers, then I would love the ability
to stay longer. If a need is there, I am happy to accommodate and adjust.
Thank you again for this opportunity!
Jennifer Serrano, Owner
Grand Traverse Pie Company, Norton Shores
231-799-5502 [email protected]
Grand Traverse Pie Company Food Truck Menu
Sandwiches (Turkey Cheddar, GT Club, Ham & Swiss, BLT, Chicken Salad) - $7-9
Quiche Slice - $5
Quesadillas - $5-8
Chicken Pot Pies - $9
Beef Pasty - $7
Salads/Wraps (Cherry Chicken, House, Chicken Fiesta) - $9
White Cheddar Mac & Cheese - $4
Pasta Salad - $5
Sides (Blueberry Applesauce, Great Lakes Kettle Chips) - $2
Fruit Smoothies (Strawberry, Strawberry Banana, Wild Berry, Peach, Mango) - $5
Pie Shakes - $7
Pop, Water, Tea - $2
Iced Coffee - $3
Cookies - $3
Slice of Pie - $5
Slice of Cheesecake - $6
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: Special Event Fee Waiver-Muskegon
Polish Festival
Submitted By: Leo Evans Department: Public Works
Brief Summary: Muskegon Polish Festival is seeking a Special Event Fee Waiver for their annual
festival in Hackley Park on September 3 and 4, 2021.
Detailed Summary: Muskegon Polish Festival is back in Hackley Park to celebrate Polish Heritage
with food vendors, polka music, dancing, and a children’s area. They are asking their City fees be
waived for 2021. Based on the needs of their event, the estimated cost of their event is $1,000
($1,000-2 days Hackley Park user fee.)
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve/approve in part/deny the request from Muskegon Polish Festival
to waive $1,000 in special event fees.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: MJ Verdant Consumption Event
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: MJ Verdant is proposing a MJ Verdant Harvest Celebration consumption event at
1823 Commerce Street in Muskegon. The City Clerk’s signature is required on the attestation form
for the event permit filed with the State of Michigan.
Detailed Summary: A detailed outline of the event is attached. This is an on-site cannabis
consumption event. This is the first time this neighborhood has had live music so staff is asking for
approval of the live bands as well as permission for the Clerk to sign the required attestation for the
State. Staff met with the organizers to discuss logistics and is satisfied with the plan as outlined.
Amount Requested: none. Amount Budgeted: none
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To authorize the Clerk to sign the attached attestation and approve live
music at 1823 Commerce Street on October 9, 2021.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
2021 CITY O F M USKEGON SPECIAL EVENT APPLICATION
A special event application is required for any Jd>{ic event held on City property or umg City services. The
application and fee must be Sd>mitted to the lt\Jskegoll Department of N>lic Works at least 30 days prior to
the event date. In addition, any e'W!llts where alcohol is served will require a temporay liquor license, which
is handled separately throt91 the lt\Jskegoll Police Department. Contact the Police Department at
231 . for liquor license fees and requirements.
Ret..-n completed application with payment to the Muskegon Department of N>tic Works,
1350 E Keating Ave, Muskegon, Ml -49442. Telephone: 231.n-4.6907
SPECIAL EVENT APPLICATION FEE SCHEDULE
,4:: '' Evenls;~irfni duringpe~li event season April - Evenb occurring outside c# peak season
4 / r , {l'-¥/i :,_:fs:~:;...~ .. .:._. 30 -f~- ' - •~ - -January 1.-April:14 &: ~ :1 DeQ!mber 31
$100 fee for applications SU>mitted 60 days or more prior to $100 fee for applications smmitted 60 days oc more prior to
the event date the event date
$250 fee if SLOmitted 45-59 days prior to the event date $200 fee if SlEfllitted 45-59 days prior to the e-.<; an a~dendum to each sign stating the name of the event and date and
time the closures are in effect (see right for Clf1 example).
The -minimum size of addendum is 5 Y.t" by 8 Y.t" (half a sheet of
paper). All signs must be removed by the applicant at the conclusion EVENT NAME
of the event and returned to the DPW.
EFFECTIVE
Sample addendum to be provided by applicant SATURDAY
• NOTIFICATION OF AFFECTED PARTIES
6:00 PM - 8:30 PM
You must notify property owners along the street closure route of the date and time of street closures.
You can do this by delivering a notice in person or by maflfng a notice to the property owner. The
Department of Public Works can provide you with the names and addresses of property owners along your
route, for mailing purpQ$es. Tt)e notice shall include the day/date and time that street closures and/or
parking restrictions are·tn effect.
Thank you for helpfns us, help you make your event safe and successful.
Page I 5
Failure
future to comply
event with any requirements of the Special Event Permit may result in the dental of
requests.
With my sfBnature, I certify that I have read and asr-ee to the City of Muskegon Special Event Policy
and all Items listed on this appttcatton. I agree to abide by all applicable ordinances & regulations.
Signature of Applicant
Page l4
July 2, 2021
Dear Muskegon City Commissioners,
As Muskegon’s only licensed Marijuana Event Organizer I bring to you today a marijuana
consumption event request for Saturday, October 9 at the property owned by JSJ Holding dba
MJ Verdant at 1823 Commerce Street in Muskegon. We require a City Clerk signature on an
attestation for our State Temporary Marijuana Event permit filing.
The details are as follows:
Location: 1823 Commerce Street, Muskegon MI 49441. The event will take place in the parking
lot of MJ Verdant.
Date: Saturday, October 9, 2021
Time: 4 to 10 PM
Event name: MJ Verdant Harvest Celebration 2021
Tickets: This is a by-invitation-only event
Who: People 21 and older with tickets. IDs are checked at the door and patrons will be issued
wristbands.
What: Acoustic music, catered food and on-site cannabis consumption. There will be no sale of
cannabis at this event.
This event, which is by invitation only will not exceed more than 150 participants and is slated
as a “harvest tasting” party. Attendees will be owners and managers of Michigan’s cannabis
provisionaries and the focus is on celebrating the harvest, meeting the company principals and
enjoying the product.
Responsible parties: This is a joint venture between Roberta F. King, AU licensed Marijuana
Event Organizer and JSJ Holdings, the company that owns JSJ Growing, LLC, D.B.A. “MJ
Verdant”.
Marijuana consumption: This is an on-site cannabis consumption event. People will be
smoking marijuana on-premise. Ashtrays will be provided. There will be fire extinguishers and a
faucet with a hose on site.
Insured: We are insured for a million dollars in liability.
Safety and Overconsumption: We’ll have several chaise lounges and other comfortable
furniture for relaxing. We will have access to Uber and Lyft drivers and will be recommending via
our invitations that people stay overnight in Muskegon.
Parking: On the streets around the building.
Neighbors: Nearby residents and businesses will receive written notice of the event one month
in advance of the event. As the event will be tented, consumption will be hidden from public
view.
Security: We will have two professional security personnel on-site at all times, one to check IDs
and have oversight of the gate, another to patrol the premises.
Stage and power: There will be a temporary rented stage on-premise and power will come
from the MJ Verdant building.
Thank you for your consideration of this request.
Roberta F. King,
Marijuana Event Organizer
3393 Fulton Avenue
Muskegon, MI 49441
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 12, 2021 Title: Community Relations Committee
Recommendations
Submitted By: Ann Marie Meisch Department: Clerk
Brief Summary: To accept the resignation of a member from the Zoning Board of Appeals.
Detailed Summary: To accept the resignation of a member of the Zoning Board of Appeals as
follows:
-Resignation-Ernest Fordham-Zoning Board of Appeals-Term Expires 01/31/2023
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To concur with the recommendation of the Community Relations
Committee and approve the resignation of Ernest Fordham from the Zoning Board of Appeals.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: Establishment of Commercial
Redevelopment District – 623/639 W Clay
Ave
Submitted By: Mike Franzak Department: Planning
Brief Summary: Pursuant to Public Act 255 of 1978, as amended, 639 W Clay Partnership, LLC has
requested the establishment of a Commercial Redevelopment District. The creation of the district
will allow the building owner to apply for a Commercial Facilities Exemption Certificate, which will
provide a 50% reduction in the number of mills levied as ad valorem taxes, excluding the State
Education Tax.
Detailed Summary: The applicant intends on applying for the certificate at a later date.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the establishment of a Commercial Redevelopment District at
623 and 639 W Clay Ave.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE CREATION OF A COMMERCIAL REDEVELOPMENT DISTRICT
623 & 639 W Clay Ave
WHEREAS, pursuant to PA 255 of 1978, the City of Muskegon has the authority to establish “Commercial
Redevelopment Districts” within the City of Muskegon at request of a commercial business enterprise or on its
own initiative; and
WHEREAS, 639 W Clay Partnership LLC has filed a written request with the clerk of the City of Muskegon
requesting the establishment of the Commercial Redevelopment District for an area in the vicinity of 623 and 639
W Clay Ave located in the City of Muskegon hereinafter described; and
WHEREAS, the City Commission of the City of Muskegon determined that the district meets the requirements set
forth in section 5 of PA 255 of 1978; and
WHEREAS, written notice has been given by certified mail to all owners of real property located within the
proposed district as required by section 5(3) of PA 255 of 1978; and
WHEREAS, on July 13, 2021 a public hearing was held and all residents and taxpayers of the City of Muskegon
were afforded an opportunity to be heard thereon; and
WHEREAS, the City of Muskegon deems it to be in the public interest of the City of Muskegon to establish the
Commercial Redevelopment District as proposed;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the following
described parcel(s) of land situated in the City of Muskegon, County of Muskegon, and State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 3 & 4 BLK 322
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5 & 6 BLK 322
Adopted this 26th Day of March 2019
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on June 13, 2021.
______________________________
Ann Meisch
Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 7/13/2021 Title: Rezoning of 1747 7th St – 2ND Reading
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone the property at 1747 7th St from I-2, General Industrial to B-4,
General Business, by Muskegon Rescue Mission.
Detailed Summary: The Planning Commission unanimously voted in favor of recommending
approval of the rezoning to the City Commission.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to rezone the property at 1747 7th Street.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Planning Commission Excerpt
SUMMARY
1. The property measures 1.2 acres and has frontage on 7th St and Park St.
2. The Muskegon Rescue Mission is requesting a rezoning to B-4, General Business, in order to develop the
property as a center for social services, childcare and training.
3. The property is adjacent to the Rescue Missions shelter at 400 W Laketon Ave.
4. Notice was sent to applicants within 300 feet of the property. At the time of this writing, staff had not
received any comments from the public.
Zoning Map
Aerial Map
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 1747 7th St from I-2, General
Industrial to B-4, General Business
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 1747 7th St from I-2, General
Industrial to B-4, General Business.
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLKS 450 460 & LARCH AVE VAC COM AT NE COR
BLK 460 TH N 45.95 FT TH W 186.7 FT TH N 64.3 FT TH W 13.25 FT TH N 2.15 FT TH W 148.72 FT TO W LINE
BLK 450 AT A PT 303.27 FT S OF NW COR SAID BLK TH S TO N LINE GT R/W TH SELY ALONG SAID R/W TO
E LINE BLK 460 TH N TO BEG
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE (Rezoning 1747 7th from I-2 to B-4)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of
the City of Muskegon, at a regular meeting of the City Commission on the 13th day of July, at which meeting a
quorum was present and remained throughout, and that the original of said ordinance is on file in the records of
the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to
and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that
minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2021 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 13, 2021, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 1747 7th from I-2 to B-4:
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLKS 450 460 & LARCH AVE VAC COM AT NE
COR BLK 460 TH N 45.95 FT TH W 186.7 FT TH N 64.3 FT TH W 13.25 FT TH N 2.15 FT TH W 148.72 FT
TO W LINE BLK 450 AT A PT 303.27 FT S OF NW COR SAID BLK TH S TO N LINE GT R/W TH SELY
ALONG SAID R/W TO E LINE BLK 460 TH N TO BEG
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2021 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 13, 2021 Title: Phase 4 LED Upgrade
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Authorize the DPW Director to sign the attached agreement with Consumers Energy and issue
payment for the final phase of LED Streetlight Upgrades.
Detailed Summary:
The attached authorization represents LED upgrades throughout the remaining portions of the
City. The geographic area for the remaining upgrades is entirely west of Seaway Drive within the
City Limits.
Once authorized and payment issued it is expected that upgrades will begin this fall. In previous
years this process has taken between 2-6 months to complete once started depending on
workload for Consumers Energy staff.
Updated pricing from Consumers Energy resulted in the small difference between the invoice and
the established budget.
Amount Requested: $486,401.00 Amount Budgeted: $479,588.00
Fund(s) or Account(s): 101-91508-5346 Fund(s) or Account(s): 101-91508-5346
Recommended Motion:
Authorize the DPW Director to sign the agreement with Consumers Energy and issue payment in
the amount of $486,401.00 for the final phase of LED upgrades.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action: